Northern Land Council ANNUAL REPORT 2016/17
ANNUAL REPORT 2016/17 Cover image by Glenn Campbell
© Commonwealth of Australia 2017 ISSN 1030-522X With the exception of the Commonwealth Coat of Arms, and where otherwise noted, all material presented in this document, the Northern Land Council Annual Report 2016/17, is provided under a Creative Commons Licence.
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LIMMEN RIVER, GULF OF CARPENTERIA Our Land, Our Sea, Our Life
OUR VISION … is to have the land and sea rights of Traditional Owners and affected Aboriginal people in the Top End of the Northern Territory recognised and to ensure that Aboriginal people benefit socially, culturally and economically from the secure possession of our land, waters and seas. OUR VALUES… are informed by the values of Aboriginal people of our region and are consistent with Commonwealth standards. WE AIM TO… achieve enhanced social, political and economic participation and equity for Aboriginal people through the promotion, protection and advancement of our land rights and other rights and interests.
i NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
Contents
OUR VISION, VALUES, AIM i Leases and Licences 54 ABOUT THIS REPORT vi Debt collection 54 ACCOUNTABLE AUTHORITY 2 Litigation 55 FINANCIAL PERFORMANCE SUMMARY 2 ANTHROPOLOGY BRANCH 60 FROM OUR CHAIRMAN 4 Dispute conciliation 60 FROM OUR CHIEF EXECUTIVE OFFICER 8 Royalty reform 61 Review, restructure and staffing 63 PART 1: ABOUT US 13 Land claims 64 REGIONAL PROFILES 66 HISTORY 13 Darwin/Daly/Wagait 70 OUR COUNCIL 18 West Arnhem Land 71 Membership by regions 19 North east Arnhem Land 74 Full Council meetings 22 Katherine 75 EXECUTIVE COUNCIL 28 Victoria River District 75 Members 28 CULTURE & HERITAGE 78 Executive Council meetings 32 Sacred sites 78 REGIONAL COUNCILS 33 GIS SECTION 79 Regional Council meetings 33 Major developments 79 OUR PEOPLE 34 Land interest references 83 Digitisation 83 Administration 34 Structure 35 NATIVE TITLE 85 Branch overview 36 Quick facts 86 Township claims 87 PART 2: OUR APPROACH 41 Pastoral lease claims 87 Strategic thinking 41 Prescribed body corporate 88 Corporate plan 2016-2020 42 SEA COUNTRY 90 Strategic plan 2016-2020 43 Interim access 90 Fishing access agreements 91 PART 3: THE YEAR IN REVIEW 45 Sea country working group 92 COMMUNITY PLANNING AND DEVELOPMENT 45 Consultative committee 93 Landowner engagement strategy 95 LEGAL BRANCH 50 Technical advisory group 96 Structure 51 Other activities 96 Native title applications 52 Land rights claims 53 ii Our Land, Our Sea, Our Life
CARING FOR COUNTRY 99 Petroleum exploration & production 150 Approach and achievements 100 Environmental matters 152 Indigenous ranger programs 101 PUBLIC AWARENESS AND EDUCATION 155 Ranger forums – case study 104 Information resources 155 Sawfish surveys – case study 105 News media 155 Invasive species – case study 106 GOOD CORPORATE STANDARDS 156 Partnerships 107 Distribution of royalties 156 Indigenous Protected Areas 108 Land trusts 156 Fire abatement project – case study 109 Mediation & dispute 157 Data Collection, mapping & reporting 110 Training & capacity building 112 CORPORATE GOVERNANCE 158 National Parks 113 Exemptions 158 Joint management 113 Insurance 158 REGIONAL DEVELOPMENT BRANCH 118 Risk management & ethics 158 Related entity transactions 159 Economic development & commercial services 118 Freedom of information 159 Achievements, challenges 120 Consultants expenditure 159 Commercial development 125 IC&T 159 Staff profiles 126 Fleet and property management 161 Regional development 128 Committees 161 Funeral & ceremonial fund 131 WH&S 165 Access permits 131 Complaints 165 Telstra 133 STAFF PROFILE 168 Bradshaw field training area 136 DELEGATIONS 170 PASTORAL REPORT 138 STATEMENT OF ANNUAL PERFORMANCE 173 Industry update 138 Cattle 138 PART 4A: ANNUAL FINANCIAL REPORT 179 Buffalo 139 PART 4B: NATIVE TITLE REPRESENTATIVE Pastoral unit 140 BODY FINANCIAL REPORT 217 MINERALS & ENERGY 142 PART 4B: NATIVE TITLE REPRESENTATIVE Exploration 144 BODY FINANCIAL REPORT 217 Applications backlog 146 Native title 147 COMPLIANCE INDEX 238 Negotiating agreements 148 ALRA REPORTING 240 Managing agreements 148 Mining operations 149 GLOSSARY OF TERMS 242 iii NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
FIGURES
FIGURE 01: FINANCIAL PERFORMANCE FIVE FIGURE 16: LAND INTEREST REFERENCES – YEAR OVERVIEW 3 YEARLY COMPARISONS 83
FIGURE 02: MEMBERSHIP BY REGIONS 19 FIGURE 17: LIR DIGITISATION PROGRESS 84
FIGURE 03: FULL COUNCIL MEETING FIGURE 18: CARING FOR COUNTRY ATTENDANCE RECORD 2016/17 22 DATA COLLECTION 110
FIGURE 04: EXECUTIVE COUNCIL FIGURE 19: CARING FOR MEETING DATES AND ATTENDANCE 32 COUNTRY DATA REPORTING 111
FIGURE 05: REGIONAL COUNCIL FIGURE 20: s19 LAND USE EXPERESSIONS MEETING DATES AND LOCATIONS 33 OF INTEREST BY PARCELS OF LAND 121
FIGURE 06: CORPORATE STRUECTURE 35 FIGURE 21: LAND USE AGREEMENTS APPROVED, BY DELEGATED AUTHORITIES 121 FIGURE 07: ROYALTY CALLS 62 FIGURE 22: FROM EOI TO AGREEMENT 122 FIGURE 08: NLC REGIONS 67 FIGURE 23: OUTSTANDING s19 EOIs FIGURE 09: NLC ANTHROOPOLOGY TO BE COMPLETED BY REGION 123 REGIONS 68 FIGURE 24: LAND USE AGREEMENTS FIGURE 10: KAKADU-COUBURG/WEST CURRENT OR HOLDING OVER 124 ARNHEM REALIGNMENT 69 FIGURE 25: PARCELS OF LAND FIGURE 11: INTERNAL REQUESTS UNDER CURRENT AGREEMENT FOR GIS SERVICES 80 OR HOLDING OVER 124 FIGURE 12: LONG-TERM TRENDSFOR FIGURE 26: TRADITIONAL OWNERS GIS CARTOGRAPHIC SERVICES 80 CONSULTED, BY REGION 130 FIGURE 13: GIS JOBS 81 FIGURE 27: CONSULTATIONS FIGURE 14: EOI PROGRESS CHART 82 BY REGION 130
FIGURE 15: LAND INTEREST REFERENCES – FIGURE 28: FUNERAL AND REQUESTS COMPLETED, BY ACTIVITY 82 CEREMONIAL GRANTS 131
iv Our Land, Our Sea, Our Life
FIGURE 29: PERMITS ISSUED 132
FIGURE 30: PERMITS, BY TYPE AND PERCENTAGE 132
FIGURE 31: MINERALS AND ENERGY CONSULTATIONS 145
FIGURE 32: PETROLEUM EXPLORATION IN NLC REGION 151
FIGURE 33: MINERAL EXPLORATION IN NLC REGION 152
FIGURE 34: ROYALTY DISTRIBUTION PAYMENTS 157
FIGURE 35: CONSULTANTS EXPENDITURE 160
FIGURE 36: AUDIT COMMITTEE ATTENDANCE 162
FIGURE 37: COMPLAINTS HANDLING 166
FIGURE 38: STAFF BY BRANCH AND INDIGENEITY 168
FIGURE 39: STAFF NUMBERS 2008/09 – 2016/17 168
FIGURE 40: PERFORMANCE RESULTS 175
v NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
About this report Contact Us The Northern Land Council’s Annual Report P: +61 (8) 8920 5100 / 1800 645 299 (Free Call) 2016/17 provides a comprehensive account of 8:00 - 4:30 pm (CST) weekdays the Council’s performance from 1 July 2016 to 30 F: +61 (8) 8945 2633 June 2017 in accordance with its responsibilities www.nlc.org.au and obligations under the Aboriginal Land Rights [email protected] (Northern Territory) Act 1976 and the Native Title [email protected] Act 1993 (referred to throughout this document Northern Land Council as the ALRA and the NTA respectably). GPO Box 1222, Darwin NT 0801 The Council’s activities are guided by the You can visit the NLC at leadership of the Full Council, with members the following offices: elected in November 2016 for a three-year term, and by the organisation’s planning processes. BORROLOOLA Robinson Road, Mara Mara Camp, Borroloola NT 0854 The Annual Report 2016/17 is Ph: (08) 8975 7500; Fax: (08) 8975 8745 divided into four parts: DARWIN 45 Mitchell Street, Darwin NT 0800 1. About Us – Our Land, Our Sea Our Ph: (08) 8920 5100; Fax: (08) 8920 5255 Life: Our history, our clients and our organisational structure. KATHERINE 29 Katherine Terrace, Katherine NT 0850 2. Our Approach: Shaping our Future: Our strategic Ph: (08) 8971 9899; Fax: (08) 8972 2190 approach and aspirations in terms of our goals, NGUKURR objectives and performance measurements. Lot 379 Balamurra Street, Ngukurr NT 0852 Ph: (08) 8977 2500; Fax: (08) 8977 2560 3. The Year in Review 2016/17: The major issues and achievements for the reporting NHULUNBUY Endeavour Square, Nhulunbuy NT 0880 year across seven key performance areas Ph: (08) 8986 8500; Fax: (08) 8987 1334 that align with our seven goals. TENNANT CREEK 4. 2016/17 Financial Reports: Details on 178 Paterson Street, Tennant Creek NT 0860 income and expenses for both the NLC Ph: (08) 8963 3500; Fax: (08) 8963 3536 as a Commonwealth entity and as a TIMBER CREEK native title representative body. 43 Wilson Street, Timber Creek NT 0850 Phone: (08) 8974 5600 During the reporting year the NLC continued an WADEYE ambitious program of activities aligned to key Lot 788 Karnalda Street, Wadeye NT 0822 strategic directions: enhanced social, political and Ph: 0418 328 843 economic participation and equity for Aboriginal WEST ARNHEM (JABIRU) people in the NLC’s jurisdiction through the 3 Government Building, Flinders Street, Jabiru NT 0886 promotion, protection and advancement of Phone: (08) 8938 3000; Fax: (08) 8979 2650 their land, water rights and human rights. The Annual Report highlights achievements and identifies future directions, and attempts to foresee challenges to minimise risks in achieving outcomes throughout the year. As a Commonwealth body corporate, the NLC submits this report to the Minister for Indigenous Affairs for tabling in the Australian Parliament. vi Our Land, Our Sea, Our Life
Senator the Hon. Nigel Scullion Minister for Indigenous Affairs PO Box 6100 Parliament House Canberra ACT 2600
Dear Minister, In accordance with the Aboriginal Land Rights (Northern Territory) Act 1976, the Native Title Act 1993 and the Public Governance, Performance and Accountability Act 2013, I am pleased to submit the 2016/17 Annual Report for the Northern Land Council. The Accountable Authority under Section 46 of the Public Governance, Performance and Accountability Act 2013 is responsible for the preparation and content of this report in accordance with the Public Governance, Performance and Accountability Rule 2014. This report reviews the Northern Land Council’s performance and illustrates the commitment and achievement of the Council and our staff throughout the year. I commend the report to you for presentation to the Australian Parliament.
Yours sincerely,
Samuel Bush-Blanasi CHAIRMAN
1 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
The NLC’s Accountable Authority The Northern Land Council’s Accountable He is also a board member of the Authority, under the Public Governance, Aboriginal Investment Group, and has Performance and Accountability Act 2013 a long record of service on boards of (PGPA Act), comprises the Chairman several other Aboriginal bodies. and the Chief Executive Officer. JOE MORRISON, CHIEF EXECUTIVE OFFICER SAMUEL BUSH-BLANASI, CHAIRMAN NORTHERN LAND COUNCIL NORTHERN LAND COUNCIL Mr Morrison was born and raised Mr Bush-Blanasi is a Mayili man and in Katherine and has Dagoman and resident of the Wugularr (Beswick) Torres Strait Islander heritage. After community in the Katherine region. He completing school he gained a BA was educated in his own community from the University of Sydney in before completing his studies at Natural Resource Management. Kormilda College in Darwin. Mr Morrison has more than 20 years Mr Bush-Blanasi is proactive on issues research and development experience facing his community and for the rights across northern Australia, and was and interests of Aboriginal people founding Chief Executive Officer of broadly. He is committed to achieving the North Australian Indigenous Land equality for Aboriginal people to and Sea Management Alliance. enable them to participate in social, He has authored and co-authored political and economic activities many articles relating to Indigenous and to ensure the maintenance and rights, management of country, protection of their cultural knowledge. economic development, and issues This is Mr Bush-Blanasi’s relating to northern development. sixth term at the NLC. Financial Performance Summary The NLC is primarily funded through In addition to its core funding under the Aboriginals Benefit Account (ABA), the ABA and the Native Title Act, an account into which the Australian the NLC receives funding under Government pays an amount of a number of separate grants. money equal to the royalties paid The NLC is required to prepare audited from mining on Aboriginal land. financial statements for two separate These payments are made on an accounting entities under two Acts of the estimates and justification basis. Commonwealth Parliament –the ALRA The NLC is also a Native Title and the Native Title Act. The NLC auditor Representative Body under the is the Australian National Audit Office. Native Title Act 1993, and receives Financial statements have been prepared funding for native title matters. in accordance with the Finance Minister’s 2 Our Land, Our Sea, Our Life
FIGURE 01: FINANCIAL PERFORMANCE - FIVE-YEAR OVERVIEW
2012/2013 2013/2014 2014/2015 2015/2016 2016/2017 $’000 $’000 $’000 $’000 $’000 Revenue 35,419 36,869 41,203 39,596 41,660 Expenses 48,780 43,660 35,101 39,645 40,864 "Operating Surplus/(Deficit) (13,361) (6,791) 6,102 (49) 796 before Capital investment” Assets 15,629 11,294 15,011 15,948 25,967 Liabilities 7,492 8,019 5,634 6,620 14,796 Asset Revaluation Reserve 44 1,973 1,973 1,973 3,028 Cash Held 4,577 2,545 6,588 7,354 16,549 Net Increase/decrease (13,361) (2,032) 4,043 766 9195 in cash held
Orders and Australian Accounting financial years. Operating surplus is Standards and Interpretations issued by definition an accounting term and by the Australian Accounting Standards does not refer to unexpended funds. Board (AASB) that apply for the reporting period. The full audited Commonwealth Compliance Summary statements are reproduced at the As a Commonwealth Authority, the NLC end of this report, from page 179. is subject to annual reporting orders issued by Finance Minister under the External Funding Public Governance, Performance and NLC receives additional grant based Accountability Act 2013 (PGPA), which funding from a number of sources, the stipulates that the NLC recover costs major external funding sources include: regarding the provision of products or services where it is efficient to do so. • Working on Country funding for ranger groups (Department of the Fees Prime Minister and Cabinet) In accordance with subsection 37(2) of • Real Jobs funding for ranger groups the ALRA, fees received for services by – Indigenous Land Corporation (ILC) the NLC can be found at Note 4A of the A short summary of the NLC’s Financial Statements (refer page 194). overall financial performance for 2016/17 is shown above. Report of Auditor General The Auditor General prepared a 2016/17 Financial Overview Performance Audit, “Effectiveness of The NLC’s operating surplus/deficit the Governance of the Northern Land is dependent on external factors Council”, which was presented to the such as grant cycles and capital Commonwealth Parliament on 20 June investment in infrastructure in particular 2017 (17BE (r) of the PGPA Rule 2014). 3 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
FROM OUR CHAIRMAN Samuel Bush-Blanasi
I wish to begin by thanking NLC members I also acknowledge the good work of who re-elected me as Chairman at the CEO Joe Morrison towards the extensive first meeting of the new Full Council reforms which he has brought to the at Timber Creek in November 2016. NLC’s administration. The NLC is much more efficient and accountable as a After the elections last year for the Full result of his direction and oversight of Council, we welcomed 22 new members, the improvements taking place across eight of whom are women. There are all aspects of the NLC’s operations. now 17 women on the 78-member Full Council (three positions are currently All that good work has been recognised vacant); another five women have been by the ANAO, which this reporting co-opted to redress gender imbalances year conducted a performance in those regions which returned a review of the “Effectiveness of the preponderance of male members. Governance of the Northern Land Council”. The ANAO’s report was tabled Elections by the Full Council at Timber in the Commonwealth Parliament Creek for the Chair and Deputy Chair on 20 June 2017, the culmination of positions were supervised by the several months of exhaustive inquiry Australian Electoral Commission. John by a team from the ANAO into all Christophersen, who has a long record aspects of the NLC’s operations. of service with the NLC, was elected Deputy Chair, and I thank him for his While the ANAO said that considerable support over the past eight months. work remains to be done, it noted that I also thank Wayne Wauchope, the the NLC is some two years into a wide- outgoing Deputy Chair, for his hard ranging reform agenda. “Throughout work on the previous Full Council. the conduct of this audit, there was 4 Our Land, Our Sea, Our Life
Officers from the Australian Electoral Commission (Suzie Berger, left, and Chris Roper) check the membership list prior to ballots for the positions of Chairman and Deputy Chairman at the Full Council meeting in Timber Creek, November 2016.
a notable energy and commitment Territory governments and the four from staff and managers to achieve Northern Territory Land Councils. With the aims of the reforms over the the CEO and senior staff I attended longer term”, the review reported. the forum hosted by the Central Land Council in Alice Springs in May 2017. In accepting the ANAO’s report, I wrote I can say the meetings have proven back that we were pleased that the Office to be a good platform for a frank had acknowledged the extensive reforms exchange of ideas and future planning. being implemented across the whole organisation: “The development and I’m keen to establish better relations implementation of the reforms are still a and co-operation with the other three work in progress, but the NLC feels proud Northern Territory Land Councils – the that it is already a much more efficient Central Land Council, Anindilyakwa and accountable organisation, and much Land Council and Tiwi Land Council, better placed to serve its Aboriginal whose Chairmen attended our last Full membership and constituents”. Council meeting at Katherine in May. I said the audit had been a worthwhile In August 2016, the Northern and exercise – it had, in fact, “proved to have Central Land Councils held a joint been an aid to the NLC’s reform process”. meeting at Kalkarindji, on the eve of the celebration to mark the 50th anniversary The report also noted the worth of of the Wave Hill walk-off. It was a great biannual strategic forums which began opportunity to remember the courage last year and involved representatives of those men who, with their families, from the Australian and Northern walked off Wave Hill Station in 1966 – a
5 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
protest that grew from a fight about northern Dialogue which preceded wages and conditions to the start of the Convention, one of 12 regional the modern land rights movement. Dialogues held around the country. It’s good to reflect on that history, and With the other three Northern what has been achieved. Only 10 years Territory Land Councils, the NLC is after the walk-off we got the Land also keen to advance discussions with Rights Act. December last year was the the new Northern Territory Labor 40th anniversary of the passing of the Government on the subject of a Treaty. Act by the Commonwealth Parliament; I welcomed the announcement by the it commenced on Australia Day 1977. Chief Minister, Mr Michael Gunner The Act has enabled the return of MLA, in September last year, that he half the land mass of the Northern would establish a sub-committee to Territory to Aboriginal ownership. progress public discussion about a Treaty with Indigenous Territorians. Aboriginal people are still having to assert their rights, and the National Mr Gunner also announced that the same Constitutional Convention at Uluru sub-committee is meant to be focusing in May, which produced the “Uluru on ensuring land and sea ownership Statement from the Heart” was a delivers on Aboriginal economic and good opportunity to further that social aspirations. That commitment agenda. I attended the Convention is particularly relevant to the ongoing with other NLC members and consultations and discussions to arrive at the CEO, and the NLC hosted the a comprehensive settlement of matters
Central Land Council chairman Francis Kelly addresses the Full Council meeting in Katherine, May 2017. At left is NLC deputy Chairman John Christophersen; at right is Tiwi Land Council Chairman Gibson Farmer Illortaminni.
6 Our Land, Our Sea, Our Life
Deputy Chairman John Christophersen, left, leads discussion on sea country matters at the Full Council meeting in Katherine, May 2017. Also at the top table are (from right) Northern Territory Seafood Council CEO Katherine Winchester, Council Chairman Daniel Kimberley, and Amateur Fishermen’s Association of the Northern Territory (AFANT) President Warren de With.
pertaining to the High Court’s Blue Mud for their hard work over the past year. Bay decision nearly a decade ago. Finally, I record the sadness of all of us On that subject, I wish to thank the at the passing this year of three serving Federal Minister for Indigenous Affairs, and former NLC Councillors: Mr King of Senator the Hon Nigel Scullion, Yingawunari, Mr Wilson of Peppimenarti for his grant of $7.5 million to the and Mr Jones of Timber Creek. NLC to help Traditional Owners in the NLC region finalise Aboriginal land claims over sea country. Our relationship with Senator Scullion had previously been sometimes adversarial, but I am pleased to report that we have satisfactorily resolved our Samuel Bush-Blanasi differences over the past year. When CHAIRMAN he announced the $7.5 million grant at the meeting of the Full Council at Katherine in May, Senator Scullion said the NLC was doing “a remarkable job”. I wish to thank all the NLC staff, both in the Head Office in Darwin and across our extensive network of regional offices 7 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/172015-16
FROM OUR CHIEF EXECUTIVE OFFICER Joe Morrison
The NLC has had another big year governance and administration of the as we continued to improve our council” that I began to implement services by upgrading our systems with support of the Full Council. and strengthening our governance, The audit said: “…progress (has been) reporting and accountability. achieved in corporate planning and As the Chairman has noted on previous reporting, financial reporting and pages, the continuing work to reform in internal governance through the the NLC has been recognised in a operations of an Audit Committee. Other performance audit by the Australian reforms, including in human resource and National Audit Office which was tabled in records management, are well underway the Commonwealth Parliament in June. with an overhaul of the council’s information and communications The ANAO report records that a year technology systems in the early stages”. before I began as CEO in February 2014, an external review of the The audit also noted: “…the NLC is NLC identified a “fundamental implementing numerous reforms aimed breakdown” in the governance at improving the delivery of services. framework of the administration. Some reforms are weighted towards improving the efficiency and raising The task of turning around an the standard of services provided to organisation as complex as the NLC stakeholders, particularly improvements has been momentous, and I am pleased in the administration of royalty payments, that the ANAO has acknowledged while others reflect specific goals set out the “wide-ranging reform agenda in the NLC’s Strategic Plan 2016-20”. covering almost all aspects of the
8 Our Land, Our Sea, Our Life
While I have taken comfort from the service our constituents in the bush. ANAO’s endorsement of the reforms, The Full Council, meeting in November the program to improve and expand 2016, endorsed a framework to guide the our performance, systems and service program, and the new unit has already delivery is far from complete, and we attracted much interest from remote will continue to monitor and review communities. The aim is to support our operations on a regular basis. Aboriginal groups to use income from royalties and land use agreements As CEO, I am determined to expand our for their own development projects. regional services, so that we can be more relevant to constituents beyond I am pleased to report that the working our Head Office in Darwin. During this of the Full Council continues to improve, reporting year the Regional Development especially since its decision to delegate Branch opened an office in Maningrida, decisions about most s19 agreements and in 2017/18, is planning to establish to the Executive Council. That has freed a permanent presence in Galiwin’ku. up time for the Full Council to focus Other branches (Legal and Anthropology) more on policy issues. Governance are also attuned to the need to move training sessions have also been useful. staff positions to regional offices. Our The new Full Council, elected last year, regionalisation strategy has the ultimate met for the first time at Timber Creek objective of bringing all aspects of in November and the first day was set the NLC closer to our constituents. aside for governance training. Special training for the new nine-member The newly-established Community executive has also been provided during Planning and Development (CP&D) Unit this past year by an external agency. is another example of my drive to better There will be continual refreshers throughout the term of the Council. CEO Joe Morrison confers with the Minister for Indigenous Affairs, Senator the Hon Nigel Scullion, at Parliament House, Canberra, Internally, I have restructured the June 2017. former Secretariat Branch to improve services to the Full Council. The ANAO report recorded that the restructure “aims to streamline and improve … support for the operation of the council, with a branch plan and performance indicators recently developed”. After an intensive two-day workshop managed by an external facilitator, the Leadership Group endorsed a recommendation to change the name of the Secretariat Branch to Executive Branch, so as to better reflect the scope of its work and my drive to provide high level executive support to the Chairman, Full Council and Administration.
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The Leadership Group comprises the of the recommendations in 2012 of NLC’s senior management and during the Expert Panel on Constitutional the past year I have continued the Recognition of Indigenous Australians”. practice of biannual retreats for the Also, we held a workshop in April with Group, away from Head Office, where the Central Land Council to advance work programs are reviewed and the proposal by the Northern Territory priorities are set. I am pleased that the Chief Minister, the Hon Michael Gunner ANAO’s report recorded that throughout MLA, to promote the idea of a Treaty with the conduct of its audit (which took the Indigenous people of the Northern several months to complete), “there was Territory. Other jurisdictions – the states a notable energy and commitment from of Victoria and South Australia – have staff and managers to achieve the aims started the journey towards a Treaty with of the reforms over the longer term”. their Indigenous peoples, and the NLC, Externally, the NLC has engaged with other Land Councils, wants to be closely with the push for reform of the well-prepared for future engagement Australian Constitution. We hosted the with the Northern Territory. To that three-day Top End Regional Dialogue end, the NLC and CLC have already in February that preceded the National engaged expert consultants to advise Constitutional Convention at Uluru in on practical and constitutional matters, late May. The Executive Council, meeting especially taking into account the place at Katherine in July, supported and of the Aboriginal Land Rights (Northern welcomed the Uluru “Statement from Territory) Act 1976 in any proposed Treaty. the Heart”, but added in a resolution: Hydraulic fracturing (“fracking”) “The call for substantive constitutional continues to exercise the minds of reform must include consideration our remote constituents, and the
Joe Morrison appears on ABC News24 program, “The Drum”, 21 June 2017 – the 10th anniversary of the Northern Territory Emergency Response (the “Intervention”).
10 Our Land, Our Sea, Our Life
Joe Morrison addresses NAIDOC gathering in Raintree Park, Darwin, 8 July 2016.
NLC has worked closely with the commercial life of the mine until 2047. NT Government’s Scientific Inquiry The 33-page submission from the NLC into Hydraulic Fracturing of Onshore concluded that the company’s EIS Unconventional Reservoirs. The was “clearly deficient” and the project NLC’s submission to the Inquiry ran could not be allowed to proceed. to 51 pages (available on the Inquiry’s Finally, I wish to acknowledge the hard website) and flagged a host of concerns work of all NLC staff during the past about fracking processes, particularly year. All branches have been stretched as they affect Aboriginal people and beyond their limits, and the coming communities in the Northern Territory. year offers no relief. As an Aboriginal The Inquiry’s chair, the Hon Justice Territorian, I know the expectations Rachel Pepper, addressed the Full of our constituents and the broader Council meeting at Katherine in May and community on the NLC are heavy, and it answered questions from Councillors. is my intention to ensure that the NLC Another major submission by the is well placed to offer the best level of NLC in the past reporting year was in leadership it possibly can into the future. response to the draft Environment Impact Statement (EIS) of McArthur River Mine (MRM), which operates a controversial zinc/lead mine south-west of Borroloola. Since MRM diverted the McArthur River to enable open cut mining, the operation has been the focus of vigorous protests Joe Morrison by Aboriginal Traditional Owners. MRM wants to enlarge a huge overburden CHIEF EXECUTIVE OFFICER dump as part of its plan to extend the 11 12 Djelk IndigenousProtectedarea,Maningrida PART 1 Our Land, Our Sea, Our Life
About Us Our Land, Our Sea, Our Life
History There is nothing more fundamental to the Aboriginal understanding of self and society than our relationship with the land and the sea. In 1973, the Australian Parliament appointed Justice Edward Woodward to conduct a Commission of Inquiry into the appropriate way to recognise Aboriginal land rights in the Northern Territory. The parliament was responding to lobbying from Aboriginal people, especially in the Northern Territory, for the recognition of their land rights.
In 1963, the Yolngu people of Woodward’s first report. Initially, east Arnhem Land presented the the Council’s role was to assist the Commonwealth Parliament with a bark Commission by ascertaining the views petition, protesting about plans to use of Aboriginal people and advocating for a great swathe of their land for bauxite our interests. Following the enactment mining. The petition remains on display of the Aboriginal Land Rights (Northern at Parliament House, Canberra. Territory) Act 1976 (ALRA), the NLC Calls for the recognition of land rights became an independent statutory were rising across the Top End during authority responsible for assisting the 1960s. In 1966, Gurindji stockmen Aboriginal people in the northern region and their families walked off the Wave of the Northern Territory to acquire and Hill Station. What began as a dispute manage traditional lands and seas. over pay and conditions escalated into The establishment and ongoing support a demand for land rights and thousands of the four Land Councils in the Northern of Aboriginal people elsewhere took Territory – Tiwi, Anindilyakwa, Central and up the land rights cause in different Northern – are important manifestations ways. This led to an historic national of Parliament’s commitment to referendum in 1967, where 91% of the reconciliation with the Aboriginal people of Australia voted to give the people of the Northern Territory. Australian Parliament the power to make Nearly 40 years on, the NLC remains laws with respect to Aboriginal people. an important body through which The NLC was established in the second Aboriginal people of the Top End can half of 1973 in response to Justice make their voices heard on a range of
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issues which impact on our lands, seas The NLC continues to show that and communities. The ALRA continues it is ideally placed to manage the to be a strong foundation on which increasing demands of governments, to build social, cultural and economic private enterprise and Aboriginal growth for Traditional Owners. The communities to establish services and NLC is also the representative body for business enterprises on Aboriginal the purposes of the Native Title Act lands. The NLC continues to 1993, and in this capacity the NLC also enhance Aboriginal participation and represents Aboriginal people living on equity in major developments. the Tiwi Islands and on Groote Eylandt. Aboriginal culture is diverse and rich, our lands and waters are resource rich, and the NLC is a major contributor to Our role the economy of the Northern Territory. The NLC is an independent body corporate of the Commonwealth, responsible for assisting Aboriginal The ALRA continues to peoples to acquire and manage be a strong foundation their traditional lands and seas. on which to build social, The NLC is committed to enhancing cultural and economic Aboriginal people’s social, political growth for Traditional and economic participation and Owners this is reflected through the policies and decisions of the Full Council. NLC’s responsibilities The NLC region is unique, and the organisation continues to focus on The role and purpose of the NLC is supporting and fostering new and driven by its enabling legislation – the innovative projects and developments ALRA and the Native Title Act 1993 – that underpin prosperity in remote and the views of our stakeholders. Aboriginal communities. To enhance A full explanation of our legislative Aboriginal peoples’ participation, obligations and how these are we must be responsive to opinion, being addressed is provided in the build capacity, encourage leadership NLC’s Corporate Plan 2017-2020. and develop equitable and balanced See NLC’s website: www.nlc.org.au outcomes. We adopt best practice and apply precautionary principles. Whom we serve The mechanisms for achieving this Our values are informed by the are the promotion, protection and values of the Aboriginal people of advancement of Aboriginal peoples’ our region. We act in accordance rights and interests through strong with these values at all times. leadership and good governance.
14 Our Land, Our Sea, Our Life
With those values in mind, the diversity The majority of Aboriginal people in of skills and experience of staff helps to the NLC region speak an Aboriginal build strong relationships and effective language as their first language. Many partnerships and we undertake to: are multi-lingual, and English is often way • Consult with and act with the down the list of everyday languages. informed consent of Traditional Customary law continues to be Owners in accordance with the ALRA. practised in many communities. • Communicate clearly with Aboriginal Many major resource developments people taking into account the are taking place on Aboriginal and linguistic diversity of the region. native title lands. These developments • Respect Aboriginal law and tradition. have included the construction of gas pipelines, army training areas, national • Be responsive to Aboriginal parks and pastoral activities. Mining and peoples’ needs and effectively petroleum exploration and development advocate for their interests. projects continue to increase business • Be accountable to the for the NLC in terms of acting on behalf people we represent. of Traditional Owners. The challenge • Act in a manner that is appropriate for the NLC is to ensure that social, and sensitive to cultural differences. economic and cultural opportunities and benefits flow to Aboriginal • Act with integrity, honesty people from these developments. and fairness. Aboriginal people are keen to • Uphold the principles and participate in planning and development values of social justice. activities while at the same time • Treat our stakeholders with respect. protecting our cultural integrity. Traditional Owners Regions Since the enactment of the ALRA, The NLC is divided into seven regions approximately 50% of land in the (see figure 08, p67), Darwin/Daly/ Northern Territory has become legally Wagait, West Arnhem, East Arnhem, Aboriginal owned, including 85% Katherine, VRD, Ngukurr and Borroloola/ of the Territory’s coastline. A large Barkly. Each region is represented proportion of the remaining land by a regional council, from which an mass is subject to native title. Executive Member is elected to sit About 36,000 Aboriginal people live on the NLC’s Executive Council. in the region, and 80 percent live in The NLC has offices beyond Darwin, regional and remote areas – in nearly located in Katherine, Jabiru, Nhulunbuy, 200 communities ranging in size from Timber Creek, Tennant Creek, Ngukurr, small family outstations to communities Borroloola, Wadeye and Maningrida. with populations around 3000.
15 The NLC’s newly-elected Full Council
L-R back row: David Warraya (Ramingining EA), John Daly (Daly River South DDW), Shadrack Retchford (Bulla VRD), Larry Johns (Timber Creek VRD), Phillip Goodman (Darwin South DDW), David Rumba Rumba (Ramingining EA), George Milaypuma (Milingimbi EA), John Wilson (Peppimenarti DDW), Wesley Bandi Bandi (Gapuwiyak EA), Graham Kenyon (Darwin East DDW), George King (Yingawunari VRD), Matthew Shields (Daly River North DDW), Raymond Hector (Pigeon Hole VRD), Jason Guyula (Galiwin’ku EA), Paul Henwood (Darwin South West DDW), Brian Limerick (Alexandria BB), John Finlay (Wombaya BB), Jason Bill (Muckaty BB), Chris Neade (Elliot BB), Timothy Lansen (Nicholson BB) Linda Fletcher (Katherine Kath), Helen Lee (Barunga Kath)Lisa Mumbin (Katherine Kath)Samantha Lindsay (Bulman Kath). L-R 2nd row seated on stairs: Otto Dann ( Gunbalanya WA), Bunug Galaminda (Warruwi WA), Jenny Inmulugulu (Warruwi WA), L-R 2nd row after stairs: Yananymul Munungurr (Yirrkala EA), Faye Manggurra (Numbulwar Ngukurr) Shannon Dixon, kneeling (Murranji BB), Jabani Lalara, standing (Blue Mud Bay EA), Gordon Noonan, kneeling (Rockhampton Downs BB), Jonathon Nunggumajbarr, standing (Blue Mud Bay EA), Samuel Bush-Blanasi, seated front (Beswick Kath), Kenny Djekurr Guyula, seated back (Galiwin’ku EA) Clint Julius Kernan, kneeling (Maningrida WA), Johnny Burrawanga, seated back (Galiwin’ku EA), Michael Ali, standing (Milingimbi EA), Bobby Wunungmurra (Gapuwiyak EA)George Campbell, seated front (Yarralin VRD), Elizabeth Sullivan, standing (Pine Creek DDW), Djawa Yunupingu, standing (Ski Beach EA), John Christophersen, seated front (Kakadu WA), Ronald Lami Lami, standing (Cobourg WA), (list continues next page) Timber Creek meeting, mid-November 2016
Gabby Gumurdul, standing (Gunbalanya WA), Peter Lansen, standing behind (Nutwood/Cox River Ngukurr), David Djalangi, standing front (Galiwin’ku EA), Keith Farrell (Hodgson Downs Ngukurr), Audrey Tilmouth (Darwin DDW), John Sullivan (Daly River West DDW), Virginia Nundhirribala, seated front (Numbulwar Ngukurr), Jody Evans, standing (Borroloola BB), Maxine Wallace, seated back (Brunette Downs BB), Jason Mullholland, standing (Borroloola BB), Wayne Wauchope, standing front (Gunbalanya WA), Tobias Nganbe, seated on steps (Port Keats DDW), Martin (observer), seated on steps (Port Keats North DDW), Walter Rogers, seated on steps (Ngukurr) Absent from photo: Keith Rory (Borroloola BB), Joy Priest (North Barkly BB), Richard Dixon (Robinson River BB), Kevin Quall (Darwin DDW), James Sing (Darwin West DDW), Mark Tunmuck Smith (Port Keats North DDW), Adrian Ariuu (Palumpa DDW), Sharon Daly (Daly River DDW), Dhuwarrwarr Marika (Yirrkala EA), Caroline Dhamarrandji (Yirrkala EA), Jocelyn James (Mataranka/ Djimbra Kath), John Dalywater (Weemol Kath), Grace Daniels (Ngukurr), Gregory Daniels (Ngukurr), Timothy Wurramara (Numbulwar Ngukurr), Clifford Duncan (Urapunga Ngukurr), Kenovan Anthony (Amanbidji VRD), Matthew Ryan (Maningrida WA), Victor Rostron (Maningrida WA), Helen Williams (Maningrida WA), Matthew Ngarlbin (Croker WA) Regions: BB - Borroloola Barkley; DDW - Darwin Daly Wagait; EA - East Arnhem; Kath - Katherine; Ngukurr; VRD - Victoria River District; WA - West Arnhem NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
Our Council The responsible Commonwealth an important role in keeping the Full Minister, Senator the Hon. Nigel Council informed of the opinions and Scullion, approves the method of priorities of their Aboriginal constituents. choosing members of the NLC, including The Full Council shapes the policy and the community and/or outstation strategic direction of the NLC. The Full area represented. Section 29 of the Council, which meets twice a year, has Aboriginal Land Rights (Northern delegated most powers for approving Territory Act 1976 (ALRA) provides exploration and petroleum licence that an Aboriginal person who is a applications, and section 19 land use Traditional Owner or a resident living agreements under the ALRA to the within the NLC region may nominate for Executive and Regional Councils. membership of the NLC Full Council. The Executive Council meets at least The Minister has nominated the 52 six times a year and is responsible for community areas in the NLC region that managing business between Full Council members can be nominated to represent. meetings. Each Full Council, Executive Seventy eight members, plus five Council and Regional Council meeting co-opted women positions, make receives operational and financial reports up the NLC Full Council. The from NLC branch managers, to provide Chairman and Deputy Chairman were direction for staff to meet performance elected at a Full Council meeting in objectives and targets. Induction Timber Creek in November 2016. and governance training sessions are Samuel Bush-Blanasi was re-elected provided to all new and returning Chairman; John Christophersen council members. Capacity building was elected Deputy Chairman. also occurs during council meetings Along with one member nominated when reports are delivered by branch from each of the seven regions, the managers and when various experts are Chairman and Deputy comprise the invited to make special presentations. NLC’s nine-member Executive Council. The Chair is an executive director and an employee of the NLC. The Deputy is a non-executive director who becomes an executive director during the Chairman’s absence. Individual members have
18 Our Land, Our Sea, Our Life
Membership by regions
FIGURE 02: FULL COUNCIL MEMBERSHIP
DARWIN/DALY/ WARD BORROLOOLA/ WARD WAGAIT - DDW BARKLY - BB Kevin (Tibby) Quall Darwin Timothy Lansen Nicholson River John Daly Darwin River South Richard Dixon Robinson River (Executive) Phillip Goodman Darwin South Keith Rory Borroloola Graham Keynon Darwin East Brian Limerick Alexandria Audrey Tilmouth Darwin Shannon Dixon Murranji Paul Henwood Darwin South West Gordon Noonan Rockhampton Downs Mark Tunmuck-Smith Port Keats North John Finlay* Wombaya Matthew Shields Daly River North Jason Bill Muckaty John Sullivan Daly River West Chris Neade Elliott Elizabeth (Lizzie) Pine Creek Sullivan (Executive) Maxine Wallace Brunette Downs John Wilson Peppimenarti Jody Evans Borroloola Tobias Nganbe Port Keats Jason Mulholland Borroloola Adrian Ariuu Palumpa Joy Priest (Co- North Barkly opted Position) Sharon Daly Darwin River James Sing* Darwin West MEMBERS 2013-16 Leonard Norman Borroloola MEMBERS 2013-16 Hazel Shadforth Co-opted Bill Risk (Executive) Darwin Timothy Lansen Nicholson River Bill Danks Darwin Jack Green Borroloola David Kenyon Darwin East David Harvey North Barkly Les Waters Darwin South Jason Green Borroloola Margaret Daiyi Darwin South West Elaine Sandy Elliott Donna Sullivan Daly River
Wally Minjin Palumpa *ABA Member Leslie Smiler Port Keats Cyril Ninnal Port Keats North
19 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
FIGURE 02: FIGURE 02: FULL COUNCIL MEMBERSHIP (CONT.)
NGUKURR WARD KATHERINE WARD Virginia Nundhirribala* Numbulwar Samuel Bush-Blanasi Beswick Timothy Wurramara Numbulwar Helen Lee Barunga (Executive) Faye Mangurra Numbulwar Lisa Mumbin* Katherine Peter Lansen Nutwood/ (Executive) Cox River Linda Fletcher Katherine Keith Farrell Hodgson Downs Samantha Lindsay Bulman Grace Daniels Urapunga Jocelyn James Mataranka/Djimbra
Walter Rogers Ngukurr John Dalywater Weemol
Gregory Daniels Ngukurr MEMBERS 2013-16 Clifford Duncun Ngukurr Bill Harney Katherine MEMBER 2013-16 Desmond Lindsay Weemol Gordon Nawundalpi Ngukurr Lloyd Murray Bulman Clive Roberts Mataranka/Djimba VICTORIA RIVER WARD DISTRICT Raymond Hector Pidgeon Hole (Executive) George Yingawunarri King (Deceased) George Campbell Yarralin Shadrack Retchford* Amanbidji Larry Johns Timber Creek Kenovan Anthony Amanbidji Elaine Watts Women's Co- opted Position Doris Roberts Women's Co- opted Position Jocelyn Victor Women's Co- opted Position
MEMBER 2013-16 Jack Little Bulla *ABA Member
*ABA Member 20 Our Land, Our Sea, Our Life
FIGURE 02: FIGURE 02: FULL COUNCIL MEMBERSHIP (CONT.)
WEST ARNHEM WARD EAST ARNHEM WARD John Christophersen Kakadu David Djalangi Galiwin’ku Bunug Galaminda* Warruwi Bobby Wunungmurra Gapuwiyak (Executive) Jenny Inmulugulu Warruwi Yananymul Mununggurr* Yirrkala Gabby Gumurdal Kakadu Dhuwarrwarr Marika Yirrkala Ronald Lami Lami Gunbalanya (Executive) Jabani Lalara Blue Mud Bay Wayne Wauchope Gunbalanya Jonathon Nungumajbarr Blue Mud Bay Matthew Ryan Maningrida Jonny Gurumgurrum Galiwin’ku Barrawanga Victor Rostron Manigrida Jason Guyula Galiwin’ku Otto Dan Maningrida Kenny Djekurr Guyula Galiwin’ku Helen Williams Maningrida George Milaypuma Milingimbi Julius (Clint) Kernan Maningrida Wesley Bandi Bandi Gapuwiyak Matthew Ngarlbin Minjilang (Cooper) Michael Ali Milingimbi
MEMBERS 2013-16 David Marpiyawuy Milingimbi Jonathan Nadji Kakadu David Warraya Ramingining Dean Yibarbuk Gunbalanya David Rumba Rumba Ramingining Djawa Yunipingu Ski Beach Caroline Dhamarrandji Women's Co-opted Position
MEMBERS 2013-16 Banambi Wungungmurra Yirrkala Jonathon Nungumajbarr Blue Mud Bay Don Winimba Galiwin’ku Richard Dadarr Barakal Milingimbi David Marpiyawuy Milingimbi
21 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
Full council meetings
FIGURE 03: FULL COUNCIL MEETING ATTENDANCE RECORD 2016/17
NGUKURR WARD ROLES 114TH FCM 115TH FCM ATTENDANCE ATTENDANCE Virginia Numbulwar X X Nundhirribala Timothy Numbulwar Absent Proxy Timothy Wurramara Wurramara Faye Mangurra Numbulwar X X Peter Lansen Nutwood/ Executive X X Cox River Keith Farrell Hodgson Downs X X Grace Daniels Urapunga Apology X Walter Rogers Ngukurr X X Gregory Daniels Ngukurr Apology X (Absent) Clifford Duncan Ngukurr 115th Member Apology X only
**Retired
22 Our Land, Our Sea, Our Life
FIGURE 03: FULL COUNCIL MEETING DATES AND ATTENDANCE RECORD 2016/17 (CONT.) TABLE 1.4: FIGURES SHOWING XXX XXXXX
BORROLOOLA WARD ROLES 114TH FCM 115TH FCM BARKLY - BB ATTENDANCE ATTENDANCE Timothy Lansen Nicholsan River X X Richard Dixon Robinson River Executive X X for 115th Keith Rory Borroloola Executive Absent X for 114th Brian Limerick Alexandria X X Shannon Dixon Murranji X X Gordon Noonan Rockhampton X X Downs John Finlay Wombaya X X Jason Bill Muckaty X X Chris Neade Elliot X X Maxine Wallace Brunette Downs X Absent Jody Evans Borroloola X X Jason Mulholland Borroloola X X Joy Priest (Co- North Barkly Absent Absent opted Position) GRAPH 1.4: FIGURES SHOWING XXX XXXXX 114th FCM Date: Monday 14th - Thursday 17th November 2016, Timber Creek 115th FCM Date: Monday 29th May 2017 - Thursday 1st June 2017, Katherine
**Retired
23 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/172015-16
FIGURE 03: FULL COUNCIL MEETING DATES AND ATTENDANCE RECORD 2016/17 (CONT.)
DARWIN DALY WARD ROLES 114TH FCM 115TH FCM WAGAIT - DDW ATTENDANCE ATTENDANCE Kevin (Tibby) Darwin X X Quall John Daly Darwin River X Absent South Phillip Goodman Darwin South X X Graham Keynon Darwin East X Absent Audrey Tilmouth Darwin X Proxy Bill Danks Paul Henwood Darwin South X X West Mark Tunmuck- Port Keats North Absent Absent Smith Matthew Shields Daly River North X X John Sullivan Daly River West X X Elizabeth (Lizzie) Pine Creek Executive X X Sullivan Mr Wilson Peppimenarti X X (deceased) Tobias Nganbe Port Keats X Absent Adrian Ariuu Palumpa Absent Absent Sharon Daly Darwin River Apology Absent James Sing Darwin West X X
**Retired
24 Our Land, Our Sea, Our Life
FIGURE 03: FULL COUNCIL MEETING DATES AND ATTENDANCE RECORD 2016/17 (CONT.)
VICTORIA RIVER WARD ROLES 114TH FCM 115TH FCM DISTRICT - VRD ATTENDANCE ATTENDANCE Raymond Hector Pidgeon Hole Executive X X (Executive) Mr King Yingawunarri X X (deceased) George Campbell Yarralin X X Shadrack Amanbidji X X Retchford Larry Johns Timber Creek X X Kenovan Anthony Amanbidji X X Elaine Watts Women's Co- Co-opt for 115th - X opted Position Doris Roberts Women's Co- New position - X opted Position from 115th Jocelyn Victor Women's Co- New position - X opted Position from 115th
FIGURE 03: FULL COUNCIL MEETING DATES AND ATTENDANCE RECORD 2016/17 (CONT.)
KATHERINE WARD ROLES 114TH FCM 115TH FCM ATTENDANCE ATTENDANCE Samuel Bush- Beswick Chairperson X X Blanasi Helen Lee Barunga Executive X X Lisa Mumbin Katherine X X Linda Fletcher Katherine X X Samantha Lindsay Bulman X X Jocelyn James Mataranka/ Absent Absent Djimbra John Dalywater Weemol Absent Absent
**Retired
25 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
FIGURE 03: FULL COUNCIL MEETING DATES AND ATTENDANCE RECORD 2016/17 (CONT.)
EAST ARNHEM WARD ROLE 114TH FCM 115TH FCM ATTENDANCE ATTENDANCE David Djalangi Galiwin’ku X X Bobby Gapuwiyak Executive X X Wunungmurra Yananymul Yirrkala X X Mununggurr Dhuwarrwarr Marika Yirrkala Apology X Jabani Lalara Blue Mud Bay X X Jonathon Blue Mud Bay X Absent Nungumajbarr Jonny Galiwin’ku X X Gurumgurrum Barrawanga Jason Guyula Galiwin’ku X X Kenny Djekurr Galiwin’ku X X Guyula George Milaypuma Milingimbi X X Wesley Bandi Bandi Gapuwiyak X X Michael Ali Milingimbi X X David Warraya Ramingining X Absent David Rumba Ramingining X X Rumba Djawa Yunipingu Ski Beach X X Caroline Women's Co- Absent X Dhamarrandji opted Position
**Retired
26 Our Land, Our Sea, Our Life
FIGURE 03: FULL COUNCIL MEETING DATES AND ATTENDANCE RECORD 2016/17 (CONT.)
WEST ARNHEM WARD ROLE 114TH FCM 115TH FCM (WA) ATTENDANCE ATTENDANCE John Kakadu Deputy Chair X X Christophersen Bunug Galaminda Warruwi X X Jenny Inmulugulu Warruwi X X Gabby Gumurdal Kakadu X X Ronald Lami Lami Gunbalanya Executive X X Wayne Wauchope Gunbalanya X X Matthew Ryan Maningrida Absent X Victor Rostron Manigrida Absent Absent Otto Dan Maningrida X X Helen Williams Maningrida X X Julius (Clint) Maningrida X X Kernan Matthew Ngarlbin Minjilang X X (Cooper)
**Retired
27 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
Executive Council
MEMBERS KATHERINE REGION Samuel Bush-Blanasi CHAIRMAN Samuel Bush-Blanasi is a Mayili man and resident of the Wugularr (Beswick) community in the Katherine region. He was educated in his own community before completing studies at Kormilda College in Darwin. Mr Blanasi thanks his father (the late Mr David Blanasi) for his education, and says his father instilled in him strong cultural and traditional values. Mr Blanasi is an artist who brings a wealth of administrative and social experience to the NLC. This is his sixth term at the NLC. He is also a board member of the Aboriginal Investment Group, and has a long record of service on boards of several other Aboriginal bodies.
WEST ARNHEM REGION John Christophersen DEPUTY CHAIRMAN John Christophersen, a member of the Murran Group, Cobourg Peninsula, was born in Darwin. He has family ties into Kakadu, is a former NLC staff member, and a long-term council member from the mid-1980s to the early 2000s. He has devoted most of his work to marine and coastal policy issues, and remains a vocal advocate for the rights of Indigenous peoples in local, national and international forums.
28 Our Land, Our Sea, Our Life
DARWIN/DALY/WAGAIT REGION Elizabeth Sullivan EXECUTIVE MEMBER Elizabeth Sullivan is A Wagiman woman who lives in Pine Creek and has been a Council member since 2012. She has also worked for the NLC as a casual ranger. In her position as an Executive Councillor, she wants to help members in her region develop economically: “I’m not superhuman, but I will do the best I can to support their decisions and interests for the best possible outcome.”
BORROLOOLA/BARKLY REGION Richard Dixon EXECUTIVE MEMBER Richard Dixon is a Garawa man from Robinson River, and is the senior Traditional Owner for the community area lease. He is a member and former director of the Gulf Savannah NT Aboriginal Corporation, whose principal function is to provide Community Development Program services to the Gulf region. He is also a member and former chairman of the Mungoorbada Aboriginal Corporation which delivers a range of essential services to Robinson River residents, including through its community store. His vision is to help his people and the government to work together.
29 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
Executive Council
MEMBERS EAST ARNHEM REGION Bobby Wunungmurra EXECUTIVE MEMBER Bobby Wungunmurra, a Dhalwangu man, lives at Gapuwiak, where he works as an employment consultant and is a liaison officer at Miwatj Employment Participation. He was elected to the Executive Council in November 2016, and has served on the Executive previously. He was also an NLC member in the late 1980s. “I want to look after the people better, and help to improve relations so that we get better government services,” Bobby says. His vision is for Aboriginal people to run their own businesses.
WEST ARNHEM REGION Ronald Lami Lami EXECUTIVE MEMBER Mr Lami Lami is a Mayurrulibj man from the East Wellington Range on the mainland, south of South Goulburn Island. This is his first term as an NLC member. Schooled at Kormilda College and Darwin High School, he did an apprenticeship as a diesel mechanic and worked first at Perkins Shipping. In the 1980s he worked on the Pancontinental Jabiluka project before undertaking a 12-month Community Development course and using those skills at ERA’s Community Development Unit at Jabiru. Later he was manager of the Red Lily Health Board. He’s also been a member of ATSIC, and chaired its Jabiru Regional Council. As an NLC member he wants to help countrymen gain a better knowledge of the NLC: “They rely on the NLC a lot, but many don’t understand enough about what the NLC does,” he says.
30 Our Land, Our Sea, Our Life
KATHERINE REGION Helen Lee EXECUTIVE MEMBER Helen Lee is affiliated with the Ngalkban clan and lives at Barunga. She was elected to the Full Council in 2003. Helen has a strong administrative background, having worked with the Jawoyn Association, Burridj Aboriginal Group Training, and the Barunga Community Government Council. Helen is keen to promote women’s issues and wants to assist Aboriginal people develop economic enterprises on homelands.
NGUKURR Peter Lansen EXECUTIVE MEMBER Peter Lansen, of Alawa and Mara heritage, is a long-standing member of the NLC; this is his second non-consecutive term as a member of the Executive Council. He works as a labourer at Minyerri. Last year he returned as a director of the Alawa Aboriginal Corporation and is a former director of Sunrise Health. “I want to perform well for my people,” Peter says. “I’m only 50, still young, and I want to pave the way for tomorrow’s children. I want to be that voice for tomorrow.”
VICTORIA RIVER DISTRICT Raymond Hector EXECUTIVE MEMBER Born in Darwin in 1970, Raymond Hector was schooled at Kormilda College. He was a health worker for many years at home in Pigeon Hole. As a member of the Executive Council, Raymond, from the Billarna people, says his position has given him the confidence that he is representing his people in the best possible way. He has vowed to keep working hard to help his people to care for and control their land.
31 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
Executive council meetings
MEETING DATE LOCATION ATTENDEES APOLOGIES 179th 15th Kalkaringi Samuel Bush-Blanasi, Leonard August Wayne Wauchope, Virginia Norman & John 2016 Nundhirribala, Bill Risk, Christophersen Helen Lee, David Djalangi, Raymond Hector 180th 23rd Teleconference, Samuel Bush-Blanasi, David Djalangi September NLC Office, Wayne Wauchope, Virginia & Raymond 2016 Darwin Nundhirribala, Leonard Hector Norman, Bill Risk, Helen Lee 181th 20th-21st Club Tropical Samuel Bush-Blanasi, October Resort, Lee Wayne Wauchope, Virginia 2016 Point Road, Nundhirribala, Leonard Darwin Norman, Bill Risk, Helen Lee, David Djalangi, Raymond Hector & John Christophersen 182nd 13th-14th Novotel Darwin, Samuel Bush-Blanasi, John December Airport Resort, Christophersen, Peter Lansen, 2016 Darwin Richard Dixon, Elizabeth Sullivan, Helen Lee, Bobby Wungumurra, Raymond Hector, Ronald Lami Lami 183rd 20th-21st NLC Office Samuel Bush-Blanasi, John February Darwin & Christophersen, Peter Lansen, 2017 Deloitte Office Richard Dixon, Elizabeth Darwin Sullivan, Helen Lee, Bobby Wungumurra, Raymond Hector, Ronald Lami Lami 184th 19th April NLC Office Samuel Bush-Blanasi, John - 20th April Darwin & Christophersen, Peter Lansen, 2017 Deloitte Office Richard Dixon, Elizabeth Darwin Sullivan, Helen Lee, Bobby Wungumurra, Raymond Hector, Ronald Lami Lami 185th 13th-14th NLC Regional Samuel Bush-Blanasi, John Ronald Lami July 2017 Office, Christophersen, Peter Lami Katherine Lansen, Richard Dixon, Elizabeth Sullivan, Helen Lee, Bobby Wunungmurra, Raymond Hector
FIGURE 04 32 Our Land, Our Sea, Our Life
Regional council meetings
REGION DATE LOCATION Borroloola Barkly 20th-21st NLC Regional Office, Tennant Creek September 2016 28th-30th March Karguru Centre, Tennant Creek 2017*****
Ngukurr 6th-8th September The Knowledge Centre, Gulkula 2016** 28th-30th March Karguru Centre, Tennant Creek 2017*****
East Arnhem 6th-8th September The Knowledge Centre, Gulkula 2016** 4th-5th April 2017 The Walkabout Lodge, Nhulunbuy
Katherine 26th-28th July 2016* NLC Regional Office, Jabiru 7th-9th March Godinmayin Yijard River Arts & 2017**** Culture Centre, Katherine
West Arnhem 26th-28th July 2016* NLC Regional Office, Jabiru 7th-9th March Godinmayin Yijard River Arts & 2017**** Culture Centre, Katherine
Darwin Daly 9th-11th August Club Tropical Resort, Darwin 2016*** 14th-16th March Litchfield Hotel, Batchelor 2017*****
Victoria River District 9th-11th August Club Tropical Resort, Darwin 2016*** 14th-16th March Litchfield Hotel, Batchelor 2017*****
FIGURE 05
* Combined West Arnhem & Katherine RCM 26th-28th July 2016 ** Combined Ngukurr & East Arnhem RCM 6th-8th September 2016 *** Combined Darwin Daly Wagait & Victoria River District RCM 9th-11th August 2016 **** Combined West Arnhem & Katherine RCM 7th-9th March 2017 ***** Combined Darwin Daly Wagait & Victoria River District RCM 14th-16th March 2017 ****** Combined Ngukurr & Borroloola Barkly RCM 28th-30th March 2017 33 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
Our people Administration the new Community Planning and Development Unit rests here. The NLC’s Full Council, the supreme governing body, comprises 83 • Legal: provides sound legal advice to members – 78 are elected every three the administrative and elected arms. years from across the NLC’s seven • Anthropology: identifies and consults regions, and five women are co-opted. with Traditional Owners in order to The present Full Council elected the secure and protect rights in land. Chairman and Deputy Chairman at • Regional Development: oversees its first meeting in November 2016. the NLC’s network of nine Below the Full Council is a nine- regional offices beyond Darwin member Executive Council which and provides logistics support for comprises the Chairman and Deputy consultations required under the Chairman, plus a member elected ALRA and the Native Title Act. by each of the seven regions. • Caring for Country: hosts and The Full Council represents the rights provides administrative support and priorities of the 36,000-plus for land and sea Ranger Groups Aboriginal people within the NLC region. and supports joint management of It shapes policy and strategic directions national parks and management and considers most agreements of Indigenous Protected Areas. regarding the use of Aboriginal land • Minerals & Energy: provides advice on behalf of Traditional Owners. to enable Aboriginal people to The Full Council has delegated understand and consider proposals some decision-making powers to explore for/mine minerals or to the Executive Council and to petroleum products on their land. the seven Regional Councils. • Corporate Services: delivers financial, The Executive Council appoints the IT, human resource and administrative Chief Executive Officer who has day- support, including fleet and property to-day responsibility for administrative asset management to all branches. operations. The CEO works closely with The CEO is responsible for the leadership the Chairman and the Executive Council. and management of the organisation Seven branches support the CEO: (with the delegation to employ and • Executive (previously Secretariat): dismiss all staff), implementing Full provides support to the CEO Council decisions, driving the NLC’s and Chairman and to the NLC’s strategic direction, setting priorities and elected arms; manages policy, enforcing sound corporate governance. communications, complaints and sea country matters; for the meantime,
34 Our Land, Our Sea, Our Life
Structure The diagram below illustrates • Industries: Mining, Pastoral, the NLC’s structure. Some of the Tourism and Fishing NLC’s key stakeholders include: • Businesses • Commonwealth Government • Non-Government Organisations • Northern Territory Government • Aboriginal Organisations • Local Government Shires • Other Land Councils • Aboriginal Peak Organisations Northern Territory (APONT)
Full Council
Women’s Regional Councils Executive Council Audit Committee Sub-Committee
CHAIR
CEO
Corporate Minerals & Caring for Regional Anthropology Executive Legal Services Energy Country Development
Exploration Commercial Governance & CEO & Chair Licences & Rangers and Commu- Native Title Land Claims Compliance Support Applications nity Projects
Joint Land Use Finance & Land Interest Petroleum Management Agreements Council Services Audit Reference Native Title Parks including S19s
Human Mine Regional Mapping Policy Litigation Resources Management Offices
Information Dispute Legacy Mines Council Advocacy Agreements Technology Support Resolution
Property Communi- Dispute & Fleet Logistics cations Resolution
Information Special Projects Management
Information Dispute Technology Resolution
Community Royalties Planning & FIGURE 06: NLC ORGANISATIONAL STRUCTURE Development 35 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
Branch Overview
ANTHROPOLOGY Dr Stephen Johnson BRANCH MANAGER Dr Stephen Johnson was appointed manager of the Anthropology Branch in August 2015. He has extensive experience of working with Indigenous people in land and sea management, community and economic development and sustainable resource utilisation. The branch employs anthropologists, mapping professionals and administrative staff. A key objective of the NLC is to assist Aboriginal people to obtain property rights, and this branch contributes to those outcomes by undertaking research for land claims, native title claims and distribution of royalties. Cultural heritage, site clearances and geographic information services are essential for effective consultations with Traditional Owners and native title holders. The Land Interest Reference Register informs staff as to whom they need to consult.
CARING FOR COUNTRY Matthew Salmon BRANCH MANAGER Mr Matthew Salmon was appointed manager of the Caring for Country Branch in April 2016. For 10 years previously he played a major role in the design and development of land management and ranger programs in central Australia and had most recently been Director of Operations and Policy for Parks Australia with responsibility for Kakadu and Uluru National Parks. The Caring for Country Branch supports 17 ranger groups and three Indigenous Protected Areas. It also oversees the joint management of National Parks.
36 Our Land, Our Sea, Our Life
CORPORATE SERVICES Joe Valenti CHIEF FINANCIAL OFFICER Mr Joe Valenti was appointed to the new role of Chief Financial Officer in November 2015, having had extensive experience in university and business sectors. The Corporate Services Branch provides the financial administration, manages operational funding and oversees the corporate compliance within the NLC to meet strategic planning outcomes. The branch includes the following sections: finance, royalties, human resources, information management, information technology, and property and asset management.
EXECUTIVE BRANCH Murray McLaughlin MANAGER POLICY AND COMMUNICATIONS Mr Murray McLaughlin joined the NLC in October 2013 as a media officer, after a long career as a journalist with the Australian Broadcasting Corporation. He was appointed manager in October 2016. The Executive Branch was renamed from Secretariat Branch in 2017. It works closely with the CEO and Chairman, co-ordinates council meetings and liaises with council members. The branch also incorporates the new Community Planning and Development Unit. It also develops (external) policies, including Sea Country matters, and manages communications, including publications and dealings with news media.
37 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
Branch Overview
LEGAL BRANCH Michael O’Donnell PRINCIPAL LEGAL OFFICER Mr Michael O’Donnell joined the NLC as Principal Legal Officer in 2015, after an extensive career as a barrister with expertise in native title law, policy and practice and Indigenous legal issues in general. He was legal adviser to the Kimberly Land Council in the negotiation of the Native Title Act in 1993. The Legal Branch is one of the biggest legal practices in the Northern Territory and provides advice to the NLC, Traditional Owners and Aboriginal corporations on matters including agreements, litigation and law reform.
REGIONAL DEVELOPMENT BRANCH Jonathan McLeod MANAGER NORTH Mr Jonathan McLeod had extensive experience working in Indigenous Affairs for the Commonwealth Government before he joined the NLC in September 2011. The NLC’s jurisdiction covers a vast area of land and sea, and the branch’s operations are divided in two, north and south. The branch manages the regional office network, the Indigenous pastoral program and section 19 land use agreements. It also processes applications for permits and funeral grants. Mr McLeod oversees the NLC’s Darwin/Daly/Wagait, West Arnhem and East Arnhem regions.
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MINERALS AND ENERGY BRANCH Rhonda Yates BRANCH MANAGER Ms Yates has had a long career across various branches of the NLC before she was appointed Manager of the Minerals and Energy Branch in 2013. The branch receives and processes exploration, mining and petroleum applications and manages environmental and rehabilitation matter relating to grant tenements.
REGIONAL DEVELOPMENT BRANCH Rick Fletcher MANAGER SOUTH Mr Fletcher joined the NLC in August 2015, having had extensive experience with other Indigenous organisations at management level. His operations are similar to those in the northern area, including oversight of land use agreements and the NLC’s pastoral program, and the processing of applications for permits and funeral grants. Mr Fletcher manages the NLC’s Katherine, Ngukurr, Borroloola/Barkly and Victoria River District regions.
COMMUNITY PLANNING AND DEVELOPMENT Dr Danielle Campbell MANAGER Dr Danielle Campbell, having joined the Central Land Council in 2005, played a lead role in designing and delivering the CLC’s Community Development Program and managed its rapid expansion between 2007 and 2016. During this period, Aboriginal Traditional Owner and community groups planned, funded and implemented hundreds of development initiatives using more than $50 million of their own income from land use agreements. Dr Campbell joined the NLC in 2016 to start a similar program in the Top End.
39 PART 2
Adelaide River floodplain
40 Our Land, Our Sea, Our Life
Our Approach Shaping our future
Strategic thinking The NLC’s strategic direction takes into account the changing social, political, cultural, economic and environmental landscape of our region, and the opportunities it presents.
Our planning framework incorporates: These plans are reviewed annually • Corporate Plan – a four-year plan of and may be amended as required to our high level initiatives to achieve reflect changing strategic priorities. our strategic goals and objectives The planning framework enables the • Strategic Plan – a four-year Chief Executive Officer, Leadership overview of our vision, goals, Group, Full Council Members and values and objectives the Executive and Regional Councils and staff to be regularly informed on • Business Plans – annual plans that progress and performance to achieve outline key activities and actions our strategic goals and objectives and, in each branch of the NLC that will where necessary, take corrective action deliver our goals and objectives. to ensure initiatives are on track.
41 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
Corporate Plan 2016–2020 6 Advocate on behalf of Aboriginal people to raise broader The Corporate Plan 2016–2020 presents community awareness of the the NLC’s goals and objectives for role and vision of the NLC. the next four years, based on the organisation’s legislative responsibilities 7 Operate in accordance with (under the Aboriginal Land Rights best practice and reporting (Northern Territory) Act 1976 and the standards and obligations. Native Title Act 1993), and our identified The plan is the vehicle to achieve Vision and Values (see page i). our corporate mission: to have an Our goals and objectives are translated experienced and capable organisation into actions across the internal that effectively serves Aboriginal peoples’ operational areas within the NLC, along interests in the Northern Territory’s land, with details on how these activities waters and seas – one that is focused will be delivered and measured. and committed to achieving our strategic objectives over the next four years. The seven key goals espoused in the Corporate Plan are: The NLC’s focus during this four-year period is to improve governance support 1 Advocate, protect and acquire to the Council, support the Council Aboriginal property rights and in policy development, and increase interests in our traditional lands, community engagement and the delivery waters and seas through land of accessible and efficient services to claims and native title claims. Aboriginal people of the Territory. 2 Ensure the sustainable use and management of natural and cultural resources on Aboriginal lands. Our goals and objectives 3 Protect Aboriginal sacred sites, are translated into and places and objects of actions actoss internal significant cultural heritage. operational areas within 4 Support Aboriginal people to the NLC … maintain sustainable communities, outstations and healthy lives. 5 Facilitate economic opportunities that lead to viable and sustainable regional commercial activities and development.
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Strategic Plan 2016–2020 • To provide a communication tool to inform governments, This four-year Strategic Plan covers the stakeholders and the general public period 2016–2020 and is informed by on the strategic direction of the legislative responsibilities, strategic NLC over the next four years and directions, and views expressed recognition of achievements. by the Full Council membership and the NLC administration about The NLC is fully committed to the our goals and strategies. successful delivery of strategic objectives that will see Aboriginal people The objectives of this four- benefit economically, socially and year Strategic Plan are: culturally from the secure possession • To serve as a document that of our land, waters and seas in the sets out medium-term, high- Top End of the Northern Territory. level, strategic directions for the The Strategic Plan provides high-level Full Council, Executive Council direction and is complemented by more and Regional Councils, and detailed planning documents, specifically the Chief Executive Officer. the Corporate Plan and Business Plans • To establish a platform for the Chief for each operational area of the NLC. Executive Officer, in conjunction with the Leadership Group and staff, to set, monitor and review annual priorities and actions outlined in the Corporate Plan alongside detailed business plans for each operational area.
Full Council meeting, Timber Creek, November 2016.
43 PART 3
Cox Peninsula
44 Our Land, Our Sea, Our Life
The year in review Community Planning and Development The NLC Full Council recognises the importance of supporting Aboriginal people to drive their own development and secure benefits from their land, waters and seas. To facilitate this, a key strategy in the NLC Strategic Plan 2016 – 2020 is to implement a Community Development Unit.
This new Community Planning and Aboriginal capacity, ownership and Development Unit, modelled on control and makes Aboriginal groups the CLC’s successful Community or communities stronger through Development Program that has operated the achievement of social, cultural, since 2005, is supporting the application environmental and economic outcomes. of community development principles Community development works best and processes across the NLC’s region. when groups of people take action It has a specific focus on supporting together, based on their ideas of what Aboriginal groups to use royalty and rent is important, and their knowledge of monies from land use agreements for how to solve problems. But they’re not broad and lasting community benefit. expected to do it on their own and often groups need help. Community Our Goal, Objectives and Approach development workers help bring In November 2016 the NLC Full people together to do solid planning, Council endorsed a Community make informed decisions about those Planning and Development (CP&D) plans, make sure they happen and Framework to guide the development then review if the plans were successful work of the organisation generally, as and what lessons have been learnt. well as the delivery of its new CP&D The NLC Full Council has Program. The framework approaches set the following goal and community development as a set of objectives for the program. principles and a process that builds
45 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
Goal 4 Share lessons with government and non-government agencies Healthy, resilient and engaged Aboriginal so they support Aboriginal-led people, groups and communities planning and development. that are strong in language, culture, connection to country, health, An 8-step CP&D process has also education and employment. been approved by the Full Council which the NLC will work through Objectives with each Aboriginal group that decides to use land use payments 1 Strengthen Aboriginal capacity, control and group cohesion, for lasting community benefit. particularly through the management Achievements of resources that belong to them. The NLC has made substantial progress 2 Generate social, cultural, in the establishment and operation environmental and economic of its CP&D Program in this reporting outcomes prioritised and period. A team of three experienced valued by Aboriginal people staff has been recruited to develop and which benefit them. internal systems and processes, secure 3 Monitor and evaluate to strengthen resources, raise constituent awareness of the Program and show that the the Program and design and implement NLC’s Community Planning and pilot CP&D projects in two locations. Development approach works.
8 Steps in the CP&D process Building stronger comunities and better lives 8. Looking back Did the project benefit the group / community as planned? Was the money used in the right way?
1. Getting started Will the NLC Community Planning and Development Program be good for our group / community? How much money will we set aside? 7. The project happens
The project starts and the NLC helps make sure it stays on track.
2. Working together Who will be involved? Do we need a working group? 5. Decide on a project How will plans and decisions be made? Is the project plan and budget strong and clear? Do we want to fund the project?
4. Make a project plan 6. Enter a funding agreement How will the project work? NLC checks: Which organisation will deliver the project? Right people and proper process? 3. What is best for How much will it cost? Is there lasting benefit? community Money won’t be used to buy vehicles or pay off debts. What do we want to achieve? NLC signs legal agreement with partner organisation. What projects will bring lasting benefit?
46 Our Land, Our Sea, Our Life
Clancy Guthijpuy talks about the joint venture idea at Gapuwiyak.
There has been significant demand 2 Gupapuyngu-Liyalanmirri (Marrkula for the program from Aboriginal clan) Traditional owners in Gapuwiyak, Traditional Owner groups wanting North East Arnhem Land receive to direct their income from land use income from township leases. After agreements to lasting community deciding to put aside almost half benefit. In response to this demand, a million dollars for community the NLC has initiated five pilot projects development in April 2017, and begun working with each group Traditional Owners approved their through the 8-step CP&D process. first community project in June 2017 to set up and effectively manage 1 Malak Malak Traditional owners on the Daly River made decisions in 2015 a benevolent trust structure with and 2016 to set aside some of their assistance from partner Arnhem income from their intertidal fishing Land Progress Association. This zone agreement with the Northern will enable them to engage in Territory Government for community business opportunities, with the development purposes. In June 2017 aim of providing training and Traditional owners approved their first jobs for local young people. project which involves partnering with the NLC’s Malak Malak Ranger group to hold two culture camps on country.
47 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
Malak Malak Traditional Owners meet at Wooliana to discuss ideas for community projects, 21 March 2017
3 In Galiwin’ku, the NLC is working with scholarships, community facilities a number of clan groups who receive and outstation services. A smaller income from township leases. Two working group has been set up to of the leases contain clauses that set undertake more detailed planning aside part of the rental income for over the coming months. community benefit. After a series of 5 Traditional owners associated comprehensive clan consultations, with the South East Arnhem Land Traditional Owner have decided to Indigenous Protected Area receive direct just over $1 million to youth income from the provision of fire diversion and rehabilitation initiatives, abatement services. They are and legal mediation services. interested in directing just over 4 Milwarapara-Yutpundji Traditional $500,000 to community projects, owners receive income from township and further planning is underway. leases in Ngukurr. In late 2016 they Several other groups throughout decided to set some of their income the NLC region are considering aside for community development. the option of directing income via At the second meeting with NLC the Program, including those in staff, Traditional owners identified Booroloola and the Legune area three priority ideas for community in the far north west of the NT. projects relating to education/
48 Our Land, Our Sea, Our Life
A successful study trip was organised Looking forward which saw NLC Executive and other There is already strong Council and Council members travel to Mutitjulu in Traditional owner interest in the CP&D Central Australia to meet with Aboriginal program, and it is anticipated that Traditional Owners involved in the CLC’s demand for the program will continue Community Development Program. to grow as groups come to understand This provided an excellent opportunity the process and see the results it for NLC delegates to hear first-hand can deliver. It will be a challenge for from Aboriginal people who have the NLC to respond to this interest experienced the CD process and seen within current resourcing levels. the benefits of working with their Land Council support to plan and implement In the next 12 months the NLC will their own development projects. develop a participatory monitoring and evaluation framework for the program. This will help monitor progress and Traditional owners approved start to collect data to measure the their first community extent to which using a community project in June 2017 to set development approach in working with up and effectively manage a Aboriginal groups and their land use benevolent trust structure payments contributes to increased well- being, empowerment and capacity of Aboriginal people and communities.
Ngukurr Traditional owners vote on their top three ideas for a community development project
49 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
NLC lawyer Rebecca Hughes and Project Coordinator Jeffery Yoelu lead a briefing in Katherine about township leasing proposals at Yarralin, 1 March 2017.
Legal branch The Legal Branch of the NLC provides and advocacy functions within its advice generally in relation to all Land jurisdiction, the determination of Council functions under the Aboriginal traditional ownership pursuant to the Land Rights (Northern Territory) Act 1976 ALRA and service delivery, which touches (Cth) (ALRA) and as a representative a broad range of Commonwealth Aboriginal body pursuant to the and Northern Territory legislation. Native Title Act 1993 (Cth) (NTA). This legislation includes the Aboriginal This includes related legislation Land Act (NT), Cobourg Peninsula concerning the governance Aboriginal Land, Sanctuary and Marine responsibilities of the NLC as a Park Act 1996 (NT), Environment Commonwealth entity pursuant Protection and Biodiversity Conservation to the Public Governance and Act 1999 (Cth), Mining Management Act Performance Accountability Act 2013 2015 (NT), Mineral Titles Act 2016 (NT), (Cth) and the Larrakia Development Petroleum Act 2016 (NT), Geothermal Corporation, Aboriginal Investment Act 2016 (NT), Environmental Assessment Group and Top End (Default PBC/ Act 2013 (NT), Nitmiluk (Katherine CLA) Aboriginal Corporation RNTBC. Gorge) National Park Act 1989 (NT), The Land Council operates in a complex Northern Territory Aboriginal Sacred legal and policy environment that Sites Act 1989 (NT), Pastoral Land Act includes both Indigenous representative 1992 (NT), Special Purpose Leases Act
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1953 (NT) and the Territory Parks and Gunduburun and Barnubarnu Groups Wildlife Conservation Act 2006 (NT). v Northern Territory of Australia The conduct of land, water and sea [2017] FCA 461 on 5 May 2017. claims pursuant to both the ALRA and the Native Title Act are primary Legal Branch Structure functions of the Legal Branch. In The Principal Legal Officer conducted addition, it operates a large practice a review of operations during 2015 that conducts commercial negotiations and 2016 and recommended a new pursuant to section 19 (leases and management structure. This was licences) and Part IV of the ALRA that implemented during the reporting cover a broad range of areas such period. The branch is led by the as residential housing, commercial, Principal Legal Officer (PLO). mining, petroleum, greenhouse gas Three new positions have been created offsets (savanna burning), feral animals, that report to the PLO. These positions cattle and natural resource harvesting are a Legal Practice Manager – Land such as buffalo mustering, pastoralism, Rights, Legal Practice Manager – Native crocodile egg harvesting and the Title and an Executive Assistant (EA) to provision of government services. the PLO and Practice Managers. A legal Similarly, the Legal Branch solicitors secretary position was reclassified to conduct negotiations as instructed establish the EA position. This restructure by native title holders pursuant to the was carried out without an increase future act provisions of the Native Title in permanent positions or funding. Act. This includes the negotiation of The branch also structures the provision Indigenous Land Use Agreements (ILUAs) of its services to the NLC and its clients and associated agreements in relation by subject matter and the NLC regional to mining, major infrastructure (such council structure. A lawyer is allocated as the Jemena gas pipeline), housing to each region (some have multiple subdivisions, community living areas, regions). One lawyer specialises in non-pastoral use permits pursuant to exploration, petroleum and mining and the Pastoral Land Act (NT) and other two lawyers are currently specialising legislation. The insufficient allocation in land rights claims in an attempt to of financial and human resources finalise all claims by mid-2019. Four legal for native title claim and future act officers specialise in the native title claims work is a significant constraint on the practice. All legal officers and secretaries NLC’s capacity to fulfil its native title also work flexibly across all areas of representative body functions. practice as required from time to time. The latter was a factor in the Court- The branch is funded from both the initiated dismissal of a number of Aboriginals Benefit Account (ABA) polygon native title claims lodged and Native Title budgets. There are for the purpose of native title holders currently 11 permanent legal officer obtaining the right to negotiate during positions and two legal secretary the reporting period. See judgement positions. There are three temporary in Bulabul on behalf of the Kewulyi, 51 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
CEO Joe Morrison (left) and Principal Legal Officer Michael O’Donnell at Borroloola, August 2016.
(12 month) positions being two legal para-legals were employed on three officers and the EA position. month contracts and an experienced Six permanent legal officer and two commercial and mining legal practitioner legal secretary positions are funded from was seconded from a leading commercial the ABA. In addition, a temporary legal firm. In addition, an experienced legal officer position (12 months) has been secretary has been retained on a casual funded from the ABA to assist dealing basis to deal with the branch’s extensive with the backlog of Land Rights claims, filing backlog. The branch was also many of which date back to the 1990s. ably assisted by the Aurora program, which regularly provides high quality law The native title budget funds four students as legal interns who make an permanent legal officer positions and two invaluable contribution to the branch. 12 month contracted positions being one legal officer and the executive assistant Native Title Applications position to the PLO and two Practice Managers. Two of the permanent There are 91 native title applications positions are currently part time. active in the NLC’s region during the reporting period. Six are non-claimant The branch has been able to employ applications filed by the NTG and additional staff on short-term contracts one was filed separately by the Kamu through better management practices people (NTD 8/2007). NLC lawyers have and the improved provision of financial instructions to act in the balance of information and by accessing new areas these native title claims. A major native of funding outside government sources. title sea claim is also being prepared. During the reporting period, three
52 Our Land, Our Sea, Our Life
There have been 72 determinations of Mount McMinn, Conways native title in the NLC region recognising Station, Lonesome Dove, Flying native title and two determinations that Fox, Moroak, Namul Namul, native title does not exist. All of those Mountain Valley, Wongalara, Big claims were facilitated by the NLC and River and Goondooloo, and represented by the lawyers of the branch. c A sea claim. The Top End Default PBC/CLA Aboriginal Corporation RNTBC is administered Land Rights Claims by the legal branch and is the agent Due to amendments to the ALRA made PBC for some 68 determinations of in 1997 and 2006 (ss 50(2A) and 67A(6)(a)) native title in the NLC’s area. The NLC respectively) no new land rights claims Executive from time to time are the have been made since 1997. A number members and directors of the Top of claims are unresolved since then. End (Default PBC/CLA) Aboriginal There are currently 22 beds and banks Corporation RNTBC. There is one of rivers and inter-tidal zone claims remaining determination of native title still to be finalised. Two claims at in the NLC area for which there has Legune and Gregory National Park/ been no nomination of a PBC to date. Victoria River are currently being The NLC’s native title claims heard by the Commissioner and eight focus is currently on: remain to be heard. Twelve have 1 Working towards consent been recommended for grant. determinations over: There are another 10 claims at various a The towns of Larrimah, Pine Creek, stages of negotiation seeking a Adelaide River and Katherine; and grant of Aboriginal land as a result of amendments to Schedule 1 of the ALRA. b Each of the Billengarrah, Nathan River, Hodgson River, Nutwood The Commonwealth and the Downs, Lorella, Banka Banka, Aboriginal Land Commissioner expect Powell Creek, Helen Springs, finalisation or substantial progress Buchanan Downs and Hidden of intertidal zone and/or beds and Valley pastoral leases; and banks land claims by 30 June 2019. 2 Preparing claims over: A supplementary ABA bid was submitted to the Minister on 8 November 2016 a Pastoral Groups 2a and 2b which cover the south-eastern part seeking additional funding to employ of the NLC’s region including a senior anthropologist, a junior lawyer Benmarra, Cresswell Downs, and operational costs to progress the Alexandria, Mt Drummond, finalisation of all land rights claims in Mittiebah, Avon Downs, Rocklands, an endeavour to meet this time frame. Dalmore Downs, Austral Downs, This bid was partially successful in Burramurra, West Ranken, Soudan, that the two new positions have been Adder and East Ranken; approved (not the operational costs). The finalisation of land claims b Pastoral Group 3 - Mainoru, 53 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
will depend on the nature of any there were 273 expressions of interest settlement proposals put forward by awaiting assessment and probable the Northern Territory and the ability consultation and negotiation. of the NLC to meet the schedule. Debt Collection and Companies in A total of 99 new Administration agreements were The Legal Branch is required from time approved by the Council to time to undertake debt collection and during the reporting negotiations with respect to companies period in administration in the circumstances where traditional Aboriginal owners, native title holders or the NLC are owed Leases and Licences (section19) - ALRA monies. Two examples are provided. The Legal Branch in conjunction with During the reporting period an oil the Regional Development Branch and gas exploration company owed negotiates agreements (leases/ the NLC more than $1 million dollars licences) on Aboriginal land under in connection with consultation and the ALRA which are considered and sacred site survey costs in relation approved by the Council if relevant to a number of exploration permit statutory requirements are met. applications in the East Arnhem region. A repayment agreement was These requirements importantly include negotiated and the company has now that the traditional Aboriginal owners paid more than $750,000 of its debt. of the land concerned understand the nature and purpose of the grant and Sherwin Iron (NT) Pty Ltd (Sherwin Iron) as a group consent to it; and that any held mineral tenements to explore for, Aboriginal community or group affected and mine, iron ore from land in the has been consulted and has had an Roper Valley and surrounding region. adequate opportunity to express its view Sherwin Iron went into administration and that the Land Council is satisfied that and receivers and managers were the terms and conditions of any grant also appointed. Northern Territory of an estate or interest are reasonable. Iron Ore Pty Ltd (NTIO) bought all the mineral tenements held by Sherwin Iron In relation to the reporting period there and agreed to assume all of Sherwin was a large number of agreements Iron’s obligations under the various awaiting assessment, consultation agreements between Sherwin Iron and and negotiation. A total of 99 new the NLC. The NLC negotiated with NTIO agreements were approved by the the terms and conditions of NTIO’s Council during the reporting period assumption of these obligations. and 153 new expressions of interest for s19 agreements were received. As of the end of the reporting period
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Litigation 2 Shrimp & Shrimp v Mungarrayi The complex environment in which Aboriginal Land Trust. the NLC operates has contributed [NT Supreme Court] to a range of court actions being The Shrimps commenced court brought against the NLC or its clients. proceedings in 2014 in the Supreme These matters consume considerable Court against the Mungarrayi human and financial resources of the Aboriginal Land Trust (Elsey) for branch. These proceedings include: damages of some $2.4 million. The claim was settled during the reporting 1 Rirratjingu Aboriginal Corporation, period and the plaintiffs discontinued Bakamumu Marika & Ors v their action against the Land Trust. Northern Land Council and Gumatj Corporation Ltd (NTD 31 of 2014) 3 Bright & Ors v Northern Land Council This matter involves a challenge to & Ors Federal Court (NTD33/2016) the NLC’s decision concerning the The application seeks to challenge allocation of payments between the certification of an ILUA by traditional owner groups from the Rio the NLC. It was heard by the Tinto Alcan (RTA) Gove Traditional Federal Court at Darwin on 9 Owners Mining Agreement pursuant March 2017 and the Court has to section 35(4) of the ALRA. It is not yet published judgment. currently the subject of a special leave 4 Bakamumu Marika & Ors v application before the High Court of Northern Land Council and Gumatj Australia brought by the applicants Corporation Ltd (NTD 29/2017) in the original proceedings before This action in the Federal Court the Federal Court of Australia. was commenced in May 2017
On the eve of his retirement from the Federal Court, Justice John Mansfield sits at Borroloola on 11 August 2016 to hand down his determination of native title at Borroloola township – the first case in the NT where commercial rights have been recognised. NLC lawyer Charlotte Deans is sitting at far right.
55 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
Native title claimants outside the Supreme Court at Darwin, where the Federal Court sat to hear expert evidence about compensation for extinguishment of native title in the township of Timber Creek.
as an application for an interim lease and a declaration that the injunction in an attempt to stop the decision is void and of no effect. grant of the Gunyangara township The hearing of the case is lease that was approved by the listed for 4 October 2017 in the NLC Full Council at its meeting in Federal Court in Darwin. Timber Creek in November 2016. 5. Evonne Gumurdul v NLC It was unsuccessful and the applicants & ORS (VID 626/2017) withdrew their application for an injunction to stop the NLC directing Gunbalanya Sports and Social the Land Trust to grant the township Club Inc v NLC & ORS lease. Costs were awarded against Two separate Federal Court the Marikas in favour of the NLC. proceedings were commenced in Since then Marika and Ors have May 2017 in respect of the grant brought an amended claim against of section 19 leases over Lots 633 the NLC claiming that the Rirratjingu (the Gunbalanya Sports and Social clan are Traditional Owners of Club premises), 557 and 575 in part of the area of the proposed Gunbalanya by the Arnhem Land Gunyangara township lease in Aboriginal Land Trust to Kunbalarnja accordance with the ALRA. Bininj Kunbolk Pty Ltd (KBK). KBK is a wholly owned subsidiary of Further, they are seeking orders to Adjumarllarl Aboriginal Corporation. set aside the Full Council decision to direct the Arnhem Land Aboriginal The matters have been listed for trial Land Trust to grant the township in Darwin not before February 2018.
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6. Bulabul on behalf of the Kewulyi, Legal Policy and Environmental Gunduburun and Barnubarnu Impact Assessment Groups v Northern Territory The branch has been responsible for of Australia [2017] FCA 461 or involved in the preparation of a In these native title proceedings, range of submissions and meetings the Court initiated and set down in relation to the following: for hearing the issue of whether 14 native title determination applications • Native Title Amendment (Indigenous for the determination of native title Land Use Agreements) Bill 2017; should be dismissed. These claims • Framework for further are all ‘polygon’ claims over which legislative amendments to mining tenures are proposed to be the Native Title Act 1993 granted by the Northern Territory • Environmental Regulatory Reform Government pursuant to the Mining Discussion Paper (NT) May 2017; Act 1980 (NT) or the Petroleum Act 1984 (NT). The NLC argued • Scientific Inquiry into Hydraulic that dismissing the applications Fracturing of Onshore Unconventional would prejudice the applicants by Reservoirs in the Northern Territory; removing their right to negotiate • Project Sea Dragon Stage 1 in relation to current future act Legune Grow-out Facility (EIS); proposals on their traditional lands. • Draft Environmental Impact On the Court’s “own initiative” – that Statement for McArthur River Mine is to say, without application from any Overburden Management Project; of the parties – His Honour exercised • Jemena Northern Gas Pipeline EIS the Court’s discretionary power to dismiss 11 of the 14 applications on the grounds that they were not being prosecuted with “reasonable Marika and Ors have diligence”. His Honour further found brought an amended that the applicants are unlikely to claim against the NLC be prejudiced by having their claims claiming that the dismissed because the relevant future Rirratjingu clan are act proposals are either stalled by Traditional Owners of the Northern Territory Government part of the area … moratorium or unlikely to proceed. These proceedings are subject to appeal.
57 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
The highlights of the reporting accordingly, interest will be awarded on year have been the conduct of the a simple basis; and (3) that an award of following cases and negotiations: solatium can be made, subject to the • Timber Creek Native Title evidence before the court, for the non- Compensation Case (NTG v Griffiths economic loss experienced by native NTD 51 of 2016; Commonwealth title holders, including loss of spiritual v Griffiths NTD 52 of 2016) and traditional attachment to their land. This case is the leading test case In this case, the economic loss with respect to the determination of component was $512,400, simple compensation for the extinguishment interest on that sum came to and impairment of native title $1,488,261, and an award of pursuant to the Native Title Act in $1,300,000.00 was made for solatium. Australia. In February and April 2016, The decision was appealed by the the Federal Court brought on for Commonwealth and Northern Territory hearing the question of quantum governments and cross-appealed by of compensation and the principles the Applicants. The State of Western for its calculation. After spending Australia intervened pursuant to a two days conducting a site visit and section 78B Judiciary Act 1903 (Cth) hearing from Aboriginal witnesses (Notice to Attorney-Generals in at Timber Creek, the Federal respect of a matter arising under the Court sat for another 12 days in Constitution). A joint application to Darwin to hear from expert valuers, intervene was also made by the Central economists and anthropologists. Desert Native Title Services Ltd and The trial concluded on the 28 April Yamatji-Marlpa Aboriginal Corporation. 2016. His Honour gave judgement on 24 The appeal was heard over five days August 2016 Griffiths v NTG & Ors(No by the Full Federal Court in Darwin 3) [2016] FCA 900 (GRIFFITHS NO 3). from 20–24 February 2017 by Justices The decision is the first judicial North, Barker and Mortimer. A decision consideration of the principles for the has not yet been handed down. calculation of compensation for the • Rrumburriya Borroloola Claim extinguishment and impairment of native Group v Northern Territory of title. In sum, the decision provides that (1) Australia [2016] FCA 776 where there has been extinguishment of In this case the Federal Court non-exclusive native title, the economic determined that the native title value of that native title is 80% of the holders of the township of Borroloola freehold value of the land, valued at the had established in proceedings date of the act; (2) unless native title contested by the Commonwealth holders are able to show that they would and Northern Territory governments have invested the compensation at the a native title right to take and date of act or used it in a profitable use resources for any purpose business, then they will not be entitled including a commercial one. to claim compound interest, and
58 Our Land, Our Sea, Our Life
The Court also determined that The pipeline is being constructed exclusive possession native title was from Tennant Creek to Mt Isa. recognised in some parts of the • Gunyangarra Township Lease town area, a right also contested by the respective governments. This is the first township lease approved by the NLC pursuant This was the first case in the NT to s19A of the ALRA. This was a where commercial native title rights highlight of this reporting period have been recognised to exist in as it followed a significant change a native title determination. in Commonwealth policy when the • Jemena pipeline – the North East Minister agreed that a community Gas Pipeline Interconnector or traditional owner entity could During the course of the reporting hold a 99-year township lease. This year the NLC in conjunction with the change addressed Land Council Central Land Council successfully and traditional owner concerns with negotiated and finalised an ILUA Commonwealth policy that required and associated agreements townships to be effectively handed concerning this major infrastructure over (leased) to the Commonwealth project in the Northern Territory. to be managed by the Executive Director of Township Leasing.
Native title holders on the bank of the McArthur River at Borroloola with NLC lawyers Tamara Cole (second left) and Charlotte Deans (third right) on 11 August 2016 when the Federal Court handed down a determination of native title over the township of Borroloola.
59 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
NLC anthropologist Chris Brown consults with Yarralin residents about a proposal for a lease over the township, 2 March 2017.
Anthropology Branch As noted in the 2014/15 Annual enquiries necessary to produce Report, the Anthropology Branch meaningful ethnographic data. confronts a number of challenges over The branch has built on a number coming years. These stem primarily of efficiency gains made over the from capacity constraints coupled 2015/16 reporting period and is with a rapidly increasing workload. introducing a number of reforms In addition, a number of specific to cement these improvements. and longstanding issues have been 3 Branch Review and Restructure: the identified. These require resolution, Anthropology Branch is chronically and in the interests of improving branch under-resourced and this situation efficiencies considerable progress is not likely to change in the near towards that end has been made. In future. In the interim, various changes summary, the issues remain mostly have been introduced to make as previously reported, and cover: the most of available resources. 1 Dispute Conciliation: Under Part III, Section 25 (2) of the Aboriginal Land Dispute Conciliation Rights (Northern Territory) Act 1976, The NLC provides representation and (ALRA) the NLC facilitates conciliation services to more than 36,000 Aboriginal and resolution (if possible) where constituents across the Top End of territorial or other disputes occur. the Northern Territory. In some areas, 2 Royalty Reform: The branch is ownership of certain tracts of land is overwhelmed with issues to do subject to contest, often where European with the disbursement of royalties settlement has been concentrated to the point where it often proves and accompanied by widespread difficult to undertake anthropological dispossession and dislocation. In some 60 Our Land, Our Sea, Our Life
cases, existing tensions have been solutions will prove difficult in the context exacerbated by the “Intervention” and of definitions within the respective Acts. the imposition of compulsory acquisition Meeting those challenges remains a five-year leases and other impositions. priority for management and staff and The passing of older generations one that will demand the proactive of Traditional Aboriginal Owners engagement of Traditional Owners. (TAOs) has sometimes given rise to competing claims over land and what Royalty Reform constitutes traditional ownership Royalty Reform remains the single itself. The issues are complex and the most pressing challenge for the NLC has a moral obligation, as well Anthropology Branch. The diversion as a statutory function, to facilitate from core anthropological business conciliation towards resolution. oftentimes threatens the primary As previously reported, the NLC has function of the branch, which is to adopted strategies more akin with provide accurate, timely and up to date Aboriginal perceptions of relatedness information on TAO land interests. To (between people and place) to meet this challenge various measures understand and effectively mediate have been proposed over the past concerns of Traditional Owners. These two years and mostly implemented. strategies demand moving away from They are worth revisiting before a view of landscape as bounded and outlining more recent reforms: discrete. Against this backdrop, a • the employment of two number of experienced consultants have dedicated royalty officers; been employed to review the substantial • the introduction and upgrade research already held by the NLC and of a royalty “hotline”; to consult with Traditional Owners on • the systematic and ongoing updating country where necessary. The advice of banking and other personal details; and endorsement of Council members has been sought and provided along • closer cooperation between the way. With some minor delays, this finance and anthropology additional work has meant that timelines concerning disbursements; committed to over the previous year will • the prioritisation of staff attendance be met, with two conciliation meetings at disbursement planning meetings; planned for August 2017. For reasons of • establishing clarity around confidentiality, the location and nature the role of council members of these disputes cannot be disclosed. regarding disbursements; Issues around disparate cross- • establishing clarity concerning generational aspirations, particularly conflict of interest and around what constitutes traditional appropriate governance; ownership, continue to arise. Ongoing discussion with Council Members and • Executive Council Traditional Owners provides some endorsement of above; insight into these contested spaces but 61 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
• Executive Council endorsement for explicit instructions for three-year standing instructions; emergency payments; • seeking endorsement for self- • finalising a communication administered emergency strategy to include the above; payment accounts; • establishing a royalty working group • discouraging payments by the to include Community Planning and NLC to third parties; and Development team members; and • the drafting of a comprehensive • the employment of a Royalties communication strategy. Processing Officer. These incremental reforms have been Many of these measures have already enhanced through greater consultation been implemented or will be in the and cooperation across the organisation. near future. For example, the RPO will In more recent developments, commence employment on 19 July several process and systems gaps 2017 and the communication strategy have been identified with remedial will be finalised and sent to regional measures enacted. These include: offices by end of September 2017. These and other proposals will all contribute • drafting “form” letters containing towards the final objective, to establish detailed instructions and a dedicated Royalty Unit to operate in identifying required signatories; cooperation with, but independently • drafting form letters containing of the Anthropology branch.
FIGURE 07: ROYALTY CALLS
14 000 11 4 1 12 000 10 20 10 544 10 000
000 7 24 147 6000
4000
3235 1536 44 65 11 3 2000 661 63
0
2016 2017
C 62 Our Land, Our Sea, Our Life
In order to fully appreciate the royalties administrative tasks to an Office Manager workload see Figure 1 [Royalty Calls] and the appointment of team leaders below. In total, 58,088 royalty-related to head up various units (such as the calls were received during this reporting Native Title Unit) within the branch. period, fielded by two royalty hotline Unfortunately, improvements in branch officers. The amount of preparatory effectiveness as a result of these reforms work by management and other staff have been overshadowed by staff losses, in the lead up to these calls is difficult which have impacted on other branch to quantify but amounts to hundreds of staff and constituents and affected hours per annum. As noted above, that positive working relationships and makes it increasingly challenging for the resulted in a loss of corporate memory. branch to exercise its primary functions. Interviews to fill vacant positions were Branch Review, Restructure and Staffing held in April 2017. Three of the successful applicants have commenced work and Over past years the Anthropology Branch will focus on the Darwin/Daly/Wagait, Manager has been charged with direct Central and West Arnhem regions. responsibility for upwards of 26 staff. This A further two will start in mid to late situation has proved untenable, with 8 August 2017 to look after the Borroloola/ staff per team leader or middle manager Barkly region and Victoria River District. considered the optimum maximum. These new employees will mean a full Consequently, various reforms have been complement of staff for the branch. introduced, including the delegation of
NLC anthropologist John Laurence explains the proposal for a huge prawn farm at Legune Station to Traditional Owners gathered at Wadeye on 14 July 2016.
63 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
NLC Anthropology Branch manager Steve Johnson and sea country policy officer Lorrae McArthur lead consultations at Maningrida on 12 April 2017 about access to and management of the intertidal zone.
The efficient use of available funding areas, and land in which all estates and has seen two native title officers interests are owned by, or on behalf of able to attend native title and other Aboriginal people, such as Aboriginal- relevant conferences, and has resulted owned pastoral leases. One of the NLC’s in two position upgrades, which more key functions is to assist Aboriginal adequately reward duties performed. In people who have a traditional claim addition, branch retreats (for planning to an area of land to pursue a claim. and team building) will now be held The ALRA established the office of the annually; the first took place at Mary River Aboriginal Land Commissioner (ALC) Wilderness Retreat, 30 November to 1 whose functions include consideration December 2016. In terms of staff morale, of claims to land by Aboriginal groups. retention and overall organizational Research and logistics for land claims are efficiency, these events prove invaluable. the primary responsibility of the NLC’s Land Claims Legal and Anthropology branches. In addition to providing a pathway for the grant of secure estates or interests One of the NLC’s key in Aboriginal land, a central purpose of functions is to assist the ALRA is to provide for the granting of land for the benefit of Traditional Owners. Aboriginal people who have a traditional claim The Act provides that Aboriginal people to an area of land to may make a claim to unalienated Crown land outside of gazetted town pursue a claim.
64 Our Land, Our Sea, Our Life
Recently, the Minister for Indigenous applicants and both positions have Affairs asked the ALC to resolve all been filled; the junior lawyer began outstanding land claims by June 2019. employment in June 2017 and the senior On 20 October 2016, NLC and Northern anthropologist will start in August 2017. Territory Government representatives Both will work exclusively towards the met with the ALC to plan towards this resolution of all outstanding land claims. end. The parties agreed in principle that In addition, three consultants will be it would be possible for all outstanding temporarily employed to complete claims to be submitted to the Minister claim books for Peron Islands, Woolner/ for resolution by agreement, or Mary River and Finnis River Region. alternatively to be adequately reported The majority of the outstanding on by the ALC, within that timeframe. claims, many of which are long- Subsequently, the branch was standing, are to smaller areas including successful with a submission to the the beds and banks of rivers. Over Aboriginals Benefit Account (ABA) this period research into two such for the employment of a junior lawyer claims – Legune/Victoria River and and senior anthropologist. Recent Fitzmaurice – has been completed advertising attracted a number of quality and claim books have been finalised.
Yantjarrwu rangers collect marine debris at Cape Scott, part of biosecurity survey work for the Commonwealth Government
65 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
Gumurr Marthakal rangers teach spear-making.
Regional profiles There are seven identified regions right across the NLC’s area to foster within the NLC’s jurisdiction (see greater collegiality and cooperation Figure 08). Within the Anthropology between staff and constituents. Branch these are further broken down An overview of work being undertaken to reflect respective workloads in in five of the existing regions follows. particular areas (see Figure 09). In These summaries by no means take view of the shifting focus of NLC work into account all of the activities in across the regions, these areas are each, but do give an indication of the currently being reviewed, again to diverse and complex environments accurately reflect existing and future in which Traditional Owners and workloads. This shift away from hard many NLC staff live and work. and fast boundaries will more accurately reflect Aboriginal conceptualisations of landscape and will eventually be adopted
66 Our Land, Our Sea, Our Life
FIGURE 08: NLC REGIONS.
WEST ARNHEM EAST ARNHEM
DARWIN-DALY
KATHERINE NGUKURR
VRD
BORROLOOLA-BARKLY
CENTRAL LAND COUNCIL
67 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
FIGURE 09: NLC ANTHROPOLOGY REGIONS.
WEST ARNHEM
CENTRAL ARNHEM EAST ARNHEM KAKADU
KATHERINE DARWIN-DALY
WEST DALY WATERS
VRD EAST DALY WATERS
BORROLOOLA-BARKLY
68 Our Land, Our Sea, Our Life
FIGURE 10: KAKADU-COBOURG/WEST ARNHEM REALIGNMENT.
MINJILANG
WARRUWI
MANINGRIDA
GUNBALANYA WEST CENTRAL ARNHEM ARNHEM JABIRU EAST ARNHEM
KAKADU KATHERINE DARWIN-DALY
WEST DALY WATERS
VRD EAST DALY WATERS 69
BORROLOOLA-BARKLY NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
Darwin/Daly/Wagait (Wadeye) Region powerline construction from Wadeye to Peppimenarti. Pastoral and native title The land tenure of this anthropology land interests are increasing in the region, region has now increased with the along with a number of annual crocodile Kenbi Aboriginal Land Trust added as egg collections by various proponents of June 2016 to existing Land Trusts: on several Land Trusts, as well as Blue • Kenbi Mud Bay negotiations with areas that • Daly River Port Keats are not currently part of any agreement. • Malak Malak The following event is worthy of note. When senior Wagiman traditional • Upper Daly owner George Jabulgari Huddleston • Wagiman No.1 & No.2 said farewell to his respected wife • Finniss River at a funeral ceremony at Kybrook, a • Delissaville, Wagait Larrakia number of Traditional Owners travelled from the VRD, Kakadu and Darwin • Gurudju Aboriginal to attend. One of her countrymen This region has a diverse range of proudly recalled a story of what a s19 leasing interests in three major skilled stockperson and horse rider communities in the region: Wadeye, she was as a young woman working for Palumpa and Peppimenarti. Consultation Charlie Schultz on Humbert Station. will soon begin for a high voltage
Jabul and Ivy Huddleston (photograph used with permission of George Jabulgari Huddleston).
70 Our Land, Our Sea, Our Life
Biddy Lindsay, Dean Dempsey and Rita Miljat.
West Arnhem Land Region important kinship, company relationships and ceremonial connections. The West Arnhem Land anthropology region covers the Mary River, Kakadu Exploration licences and site surveys and Garig Gunak Barlu National Parks, as well as the western part of the A big part of consultation work in the Arnhem Land Aboriginal Land Trust as region concerns mining exploration far as east of the Liverpool and Mann activity: there are several granted Rivers, and including the islands of exploration licenses (ELs) and the NLC Croker, South and North Goulburn. Its facilitates consultations with Traditional major communities are Gunbalanya, Owners and affected people each Maningrida, Minjilang and Warruwi, year so that the companies’ work and there are many family outstations programs can be explained, approved across the region, mainly located and royalty instructions given. along the rivers or parts of the coast. There are also consultations for new There are more than 100 traditional exploration licence applications (ELAs). owner groups within the region speaking At the request of Traditional Owners, a variety of languages. In general the some ELAs will require the NLC to groups are patrilineal which means facilitate site surveys with knowledgeable that clan affiliation and inheritance of Traditional Owners to identify and country is passed down through the map sacred sites within the tenements father and father’s father. However, before a final meeting can be held. affiliations to country are complex. Such cultural site surveys are an Besides the land-owning clan group important part of anthropological work with primary rights, there can be in the region. Not only do they enable many other groups or individuals with Traditional Owners to identify exact interests in a particular country through areas to be protected and excluded from 71 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
exploration licences, but also they enable Commercial development and tourism cultural knowledge to be preserved and Commercial development and tourism passed on to younger generations. In this are important projects that involve past year, one site survey was conducted the NLC. These activities include by a consultant and the NLC regional the harvesting of crocodile eggs by anthropologist with Traditional Owners four different companies, as well as of the Mikinj and Kudjumarndi estate and culture tours from Kakadu National subsequently led to a refusal of the ELA. Park. These include the Injalak Art Communities Centre in Gunbalanya, rock art tours to Injalak Hill and visits to Mikinj Valley. Consultations for leases over The NLC has granted a new lease for infrastructure lots in the communities a fishing camp on Endyalgout Island, have continued over the last financial and there are ongoing agreements for year and led to many new ALRA section recreational fishing in Mountnorris and 19 Land Use Agreements (LUAs) being Malay Bays, as well as Outback Spirit’s given to government agencies, private tourism operation along the coastline entities and Aboriginal corporations. and rivers of Junction Bay, Rolling Bay, One executed agreement of recent note Liverpool and Tomkinson Rivers. concerns the Gunbalanya shop which Four safari hunting operations Traditional Owners decided to lease to around Coopers Creek, Murganella the Adjumarllarl Aboriginal Corporation. Plains and Mann River have expired The corporation has undertaken major and consultations for renewals will renovations of the old infrastructure, be held in July and August. offering a wide range of products and promoting local employment. The NLC has also recently completed consultations with Traditional Owners In the Minjilang community Traditional and affected people of the Kuwindjul Owners have given consent for a and Waminari estates for section section 19 licence to the West Arnhem 19 LUAs which will be held by an Council to establish a cemetery. Aboriginal Corporation. These LUAs will promote cultural and natural resource management involving rock Four safari hunting art conservation collaborating with the operations around Griffith University, land management Coopers Creek, programs such as feral animal control, Murganella Plains and weed and fire management, and a Mann River have expired Knowledge and Cultural Academy and consultations for which will conduct cross-cultural renewals will be held in camps working with schools and July and August. families. It will also be an opportunity for local Aboriginal employment.
72 Our Land, Our Sea, Our Life
Blue Mud Bay – Access to tidal waters Regarding the other areas of tidal waters where a waiver allowing access has been Traditional Owners of the intertidal put in place until the end of 2017, the waters of the Van Diemen Gulf coastline NLC will continue consultations with and rivers between the Kakadu and Garik regards to future access management. Gunak Barlu National Parks (excluding Mini Mini River) have extended a section Road Upgrades 19 agreement with the Northern Territory Government for access by recreational The NT Government has provided funds fishers and commercial operators for for road upgrades of the Oenpelli, a further year until 30 June 2018. Maningrida and Ramingining roads and the NLC continues to consult with The agreement includes, apart Traditional Owners where upgrades from royalty payments, the of road and river crossings are most provision of Marine Ranger training, required. The NLC has also consulted enhancement of Ranger powers, with Traditional Owners along those and collaboration with the Iwaidja roads for the use of gravel pits and Amurdak Management Committee has undertaken sacred site surveys. representing the Traditional Owners to develop a fisheries management plan and a code of conduct.
NLC Anthropologist Eva Molnar and Traditional Owners at an exploration licence work program meeting in Gunbalanya, June 2017
73 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
Land Claims section19 LUAs and leasing proposals of all the NLC regions. The North East With two land claims (Cobourg Land Arnhem anthropologist plays a key Claim no 6 and the Kakadu Repeat Land role in supporting the consultation Claim) in the final stage of completion, processes through identifying Traditional work is continuing to manage disputes Owners and affected groups, and and implement effective decision-making providing advice on traditional processes. It is anticipated the handback decision making. Facilitating land of lands in both parks will follow. owner meetings regarding use of North East Arnhem Land Region leasing income is also a key task. The North East Arnhem Land Increased leasing activity and income anthropology region includes most of from traditional lands, particularly in the East Arnhem NLC region and the larger communities, since the Northern northern most parts of the Ngukurr Territory Emergency Response (the NLC region. Traditional Owners for the “Intervention”) has provided new region are the Yolngu people in the economic and social opportunities north east and Nunggubuyu people for Traditional Owners in the region. in the south east toward Numbulwar. The regional anthropologist has been The region includes areas of cultural working closely with the NLC’s new significance such as Blue Mud Bay, Gove Community Planning and Development Peninsula, Elcho Island in the Wessel Unit on a number of pilot projects Island group and the Mitchell ranges. where Traditional Owners are able to utilise their income streams on Over the past year the region has projects of their design to benefit their generated the largest proportion of own communities. There has been
NLC staff hold consultations with Traditional Owners about a pastoral lease at Amanbidji.
74 Our Land, Our Sea, Our Life
significant planning, consultation and Pastoral claims: Anthropological dispute conciliation carried out by the research continues for pastoral native North East Arnhem anthropologist title claims that include Mainoru to support these pilot projects. and Mountain Valley stations. Land use expressions of interest, Katherine Region agreements and associated royalties: The Katherine anthropology region the Anthropology Branch has been encompasses Katherine and Mataranka involved in progressing a number of townships, and extends east to include matters in the Katherine region, including Mangarrayi, Beswick, Manyallaluk, (but not limited to) buffalo mustering Jawoyn and the southwest area of and safari proposals, community the Arnhem Land Aboriginal Land lot leases, tourism and the royalties Trust. The region includes pastoral associated with successful agreements. properties such as Mainoru, Conways and Mountain Valley that are subject Victoria River District Region to native title claims and research. The Victoria River District has seen Native Title: Limestone, Sinkholes an extensive activity throughout the and River – The town of Katherine: region this past year. It has been a The Katherine Township claim was big year for pastoralism and some lodged in 1999 and is now a priority large development projects as well for the NLC to progress. The NLC has as native title and land claims. engaged Professor Francesca Merlan as an independent expert witness with Pastoralism a duty to the Federal Court to report A number of Land Trusts have renewed her findings as to who are the native and taken on further pastoralist business title holders are for the township. on Aboriginal land. These included Professor Merlan has a long history Amanbidji, Myatt, Fitzroy and Menggen. in the region – her previous work Consultations have sometimes been includes the neighbouring Jawoyn complex and challenging but there (Katherine Area) land claim. Professor has been some completion for the Merlan is working on a connection three areas. Menggen has been report, which shows the connection going through a transition period of families today to the families who but consultations for new leases were affiliated with Katherine when will be held in the coming year. Mununga first came to the region. Katherine region anthropologist Nadia Ronay has been working on the claim and is the main contact for Traditional Owners in Katherine NLC office.
75 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
Beagle Gulf 76 Our Land, Our Sea, Our Life
Major Projects
Prawn Farm Walari Tree The prawn farm development called In 2012 a sacred site (a tree) was burnt Sea Dragon is the biggest development down by contractors in the Judbarra/ project in the region, and if it goes ahead Gregory National Park. Since the it will be the biggest prawn farm in the destruction, Traditional Owners have world. Over this past year extensive been seeking compensation from sacred site surveys were conducted. The Northern Territory Government. Finally proponent company, Sea Farms, has this year an out-of-court settlement made extensive changes to the footprint has been reached and Traditional of the prawn farm to protect sacred sites. Owners will receive compensation Negotiations are currently taking place for the damaged site at Bullita. for an Indigenous Land Use Agreement (ILUA) should the project proceed. Land Claims, Beds and Banks The beds and banks land claims for the Yarralin Victoria River went to court this past year There have been several meetings and Aboriginal people were recognised and negotiations this year at Yarralin as the Traditional Owners. The court to improve the town’s infrastructure proceedings were held at Timber Creek and housing. New rebuilds and repairs and will be finalised in the coming year. should happen in the coming year. Traditional Owners continue to workshop ideas for the town’s future and how best to manage assets and finances.
77 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
Dancers at Garma Festival at Gulkula, north east Arnhem Land, 29 July 2016.
Culture & heritage Protecting sacred sites, places and The authenticity of Aboriginal law derives objects from the social mores of Aboriginal communities, and does not rely on the A key NLC objective is to support reasoning of lawyers, Parliament, or the Aboriginal law and culture values, courts. For Aboriginal people, traditional and the maintenance and protection law is the governing force of daily life. of sacred sites and heritage. Investing in the things that also Granting land rights to Aboriginal matter to Indigenous people – living people recognises the validity of on country, language and culture Aboriginal traditional law and cultural – are just as important in northern values, and the justice of prior claims development as gas plants in to ownership. Aboriginal law is an Darwin harbour, roads and ports. integral part of Aboriginal culture; it Supporting Aboriginal law and is as important to Aboriginal people associated cultural values is an important as our traditional lands and heritage. role of the NLC. The documentation According to Justice Blackburn, the of sacred sites, dreaming tracks and Gove Land Rights case in 1971 revealed: significant places, such as painted “…a subtle and elaborate system shelters and rock engraving sites, is highly adapted to the country in which undertaken by the Anthropology Branch the people lead their lives, which and involves a coordinated approach provided a stable order of society and by professional mapping and GIS staff. was remarkably free from the vagaries of personal whim or influence… a government of laws, and not of men.” 78 Our Land, Our Sea, Our Life
GIS Section technical edge it has with high powered computing tools. We write scripts and Geographic Information Systems software to automate and streamline (GIS) has been an integral tool used more regular mapping procedures. by the NLC since 1998. It represents an intersection of hardware, software, Much of the extra work appears to have data, procedures and people – come from a busy July in 2016 and an the product of which is a system earlier than usual pick up of work in the capable of storing, analysing, and first quarter of 2017 (see Figure 12). representing geographic information. As usual, requests came from the The NLC started out with a single officer major branches with a notable operating a single machine. Because increase in activity from the of growing demand there are now four commercial projects sector. This GIS staff, with occasional casual extras, mapping work generally focuses on four workstations, a server dedicated section 19 land use agreements. to web mapping applications and two large format plotters for map outputs. Major Developments The GIS team source data from a Section 19 Mapping Architecture range of other agencies and are also responsible for the maintenance of In response from a review of the NLC’s corporate mapping datasets such as IT systems by Ernst & Young, the GIS section 19 agreements, work program team began to develop procedures clearance areas in mining exploration to integrate corporate databases into areas, and native title projects. the GIS system. Already the team have developed systems to map the The Year in a Snapshot Mining projects schedule, as well as The 2016/17 year was again very busy. the ethnographic research library. The job tally reached 1034, an increase This year we tackled the Section 19 on last year (903) and a significant 38 per land use agreements database. cent increase on the five-year average Section 19 of the ALRA provides for tally of 748. Most of the demands land use arrangements on Aboriginal from other sections within the NLC are Land Trusts. The Regional Development cartographic, with a small analytical Branch, with the IT section, has component. The GIS team can sustain developed a project tracking system output with workload increases as from expression of interest to contract experienced this year because of the between Land Trusts and commercial
79 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
FIGURE 11: INTERNAL REQUESTS FOR GIS SERVICES 2016/17
1.5 1.5 A 207 C 27 20 C 1 ( 1 ) 23 L 21/2 L 206 M 103 3 M 1 7 S 1 10 R O 17
23
20 2
FIGURE 12: LONG-TERM TRENDS ON DEMANDS FOR GIS CARTOGRAPHIC SERVICES (REQUEST COUNT)
1200
1000
00
650
400
200
0 2011 2012 2013 2014 2015 2016 2017
F/Y TALLY
80 Our Land, Our Sea, Our Life
operators. The project tracking system as meaningful layers to the NLC’s is based on Microsoft Infopath and internal web mapping platform. Microsoft Sharepoint technology The section 19 database administrators and has good interoperability with identified three basic layers of GIS software via data dumps to a interest to publish to the web Microsoft SQL Server database. mapping platform, namely: We integrated a spatial registration 1 Expressions of interest procedure into the anthropology consultation process so that EOI 2 Active agreements areas drafted by the GIS team could 3 Expired and historical agreements be marked with their IDs from the The GIS section developed a python section 19 project tracking system and script which updates the attribute fields added to a central GIS repository of of the GIS data and shuffles records section 19 agreements. Using IDs the into their appropriate layers before project tracking data can be joined publication to the web platform. to the spatial data, and published
FIGURE 13: GIS JOBS
1 0
160
140
120
100
0
60
40
20
0
J 2015/16 J 2016/17 81 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
FIGURE 14: EOI PROGRESS CHART
NLC Received EOI 1. Create data in Section19 EOI Featureclass 2. Join LIMS fields Section 19 3. Index mapsheets team assess 4. Report on topological conflicts (existing agreements) proposal
Project looks YES LIR request GIS Registration LIR request viable created of EOI submitted
NO
Proponent Consultation list drawn up notified by Anthropology Branch
NO Consultations with TOs
NO
TOs agree
YES
EOI goes to Endorsed by NLC NLC full council YES
GIS Registration GIS Registration of EOI of ALTAR agreement
END
FIGURE 15: LAND INTEREST REFERENCES - REQUESTS COMPLETED, BY ACTIVITY
ACTIVITY PROPOSAL REQUESTS COMPLETED Land Claim 1 Native Title (Land & Sea) 40 Caring For Country (IPA, Parks and Reserves, Fire Abatement, 37 Water Management, Rangers, Resource Management,) Ecomonic Development (Section 19 Leases, Infrastructure, Pastoral 183 Grazing, Croc Egg Harvesting, Roads and Gravel, Retail, Stores, Township Leasing, NTER 5yr Leasing, Tourism, Mining, Utilities) Other (FCM, Cultural, Research, Media, Defence, Permits) 12 Economic Development (Mining) 57
TOTAL 330
82 Our Land, Our Sea, Our Life
450 FIGURE 16: LAND INTEREST REFERENCES - YEARLY COMPARISONS 400
350
300
250
200
150
100
50
0 2012/13 2013/14 2014/15 2015/16 2016/17
Land Interest References (LIR) Many documents are held as hardcopies, thus an ongoing task over the past Land Interest References (LIRs) are few years has been the scanning registered each year for those with an and optical character recognition interest in using any Aboriginal land or (OCR) of hardcopy documents. waters. All requests are recorded and processed, and the table below provides There are a total of 31,322 documents a breakdown of activities completed. held in the LIR, of which 27,528 now exist in electronic format, A total of 449 requests were lodged, with a total of 2,580 documents with 330 significant releases completed digitised this past reporting year. this past year, being an increase compared with the previous year. Approximately 2000 new documents were submitted to the LIR, each requiring LIR Digitisation Report geographic and ethnographic indexing Since 2006, the Anthropology Branch - a considerable administration burden. has designed and implemented enterprise database management systems to support growing demand on research outputs. Central to this has been the development solution that stores documents and maps electronically, with a full text index on the documents stored within.
83 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
FIGURE 17: LIR DIGITISATION PROGRESS
4 75 5275 5375 5475 5575 6175 6275 (4) (1 ) (350) (371) (15) (4) (54)
5074 5374 5474 5574 5674 5774 5 74 5 74 6074 6174 6274 (3) (1) (2 3) (3 ) ( 0) (46) ( ) (1 ) (4 ) (7 ) ( 3)
4 73 5073 5173 5273 5373 5473 5573 5673 5773 5 73 5 73 6073 6173 6273 (1) (365) (105) ( 4) (101) (477) ( 33) (245) (46 ) ( 0 ) (203) (700) (20 ) (106 )
4 72 5072 5172 5272 5372 5472 5572 5672 5772 5 72 5 72 6072 6172 6272 (440) (1113) (175) (60) (113) ( 2) (320) (110) (13 ) (117) (227) (166) (153) (67)
4 71 4 71 5071 5171 5271 5371 5471 5571 5671 5771 5 71 5 71 6071 6171 6271 (7) (341) (143) (2 0) (37) (104) ( 3) ( 4) (124) (72) (161) (4 ) (151) (170) (3)
4 70 4 70 5070 5170 5270 5370 5470 5570 5670 5770 5 70 5 70 6070 6170 6270 (145) (273) (3 7) (76) (26 ) (45) (30 ) ( 5) (5 ) (40 ) (50) (53) (31 ) (37) (103)
476 4 6 4 6 506 516 526 536 546 556 566 576 5 6 5 6 606 616 626 (160) (733) (240) (150) (47) (34) (3 6) (120) (52) (25) (23) (77) (37) (277) (2) (11)
476 4 6 4 6 506 516 526 536 546 556 566 576 5 6 5 6 606 (7) (43) (74) (22) (114) (21) (46) (144) (30 ) (50) (163) (500) (163) (30)
4767 4 67 4 67 5067 5167 5267 5367 5467 5567 5667 5767 5 67 5 67 6067 6167 ( 5) (1 ) ( 4) (4) ( ) (47) (24) (11 ) (57) (42) (234) (130) (57) ( 7) (4)
4766 4 66 4 66 5066 5166 5266 5366 5466 5566 5666 5766 5 66 5 66 6066 6166 6266 6366 (3 6) (25) (235) (300) (7 ) (77) (24) (32) (151) (1 ) (35) ( 2) (2 ) (41) (52) (236) (2 )
4765 4 65 4 65 5065 5165 5265 5365 5465 5565 5665 5765 5 65 5 65 6065 6165 6265 6365 6465 (15) (123) (40) (1 0) (60) (15) (14) (10) (51) (4) (2) (3 ) ( ) (33) (5 ) (46) (200) ( )
4764 4 64 4 64 5064 5164 5264 5364 5464 5564 5664 5764 5 64 5 64 6064 6164 6264 6364 6464 (10) (5) (7) (11) ( 6) (60) (3) (110) (1 ) (6) (12) (12) (134) (145) ( 4) (114) (17) (10)
4 63 4 63 5063 5163 5263 5363 5463 5563 5663 5763 5 63 5 63 6063 6163 6263 6363 6463 (1) (1) (14) (46) (1) (11) (4) (164) (144) (4) (5) ( 7) (7) (33) (1 ) (7) (36)
4 62 5162 5562 5662 5762 5 62 5 62 6062 6162 6262 6362 6462 (1) (1) (20) (6 ) (12) (4) (6) (33) (5) (13) (152) (3 )
5561 5661 5761 5 61 5 61 6061 6161 6261 6361 6461 (2) (5 ) (12) (36) (4) (15) (3) ( ) (11) (15)
5660 5760 5 60 5 60 6060 6260 6360 6460 (35 ) (147) (7) (20) (66) (23) (10) (11)
100K MAP GRID NON SPATIAL MAPSHEETS 575 5 5 5 5 605 615 625 (4) (6) (15) (1) (13) (6) M D 0 575 5 5 605 615 625 635 645 100 (11) (5) ( ) (31) (35) (3) (5) 1 - 25 3 7 6257 6357 6457 26 - 50 6 37 (3) (14) (5) 7 35 51 - 75 6356 6456 1 0 (4) (5) 76 - 4 0 5 1 100 2 77 5654 0 (1)
TOTAL DOCS 2 402
TOTAL DIGITAL 24 4 6352 (1) PCT 4. 5
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Native Title Report
The Native Title Act 2 It recognises and registers rights and interests in relation to areas of In 1992, for the first time, the High Court land and waters that pre-date British of Australia recognised the common sovereignty, rather than a formal law native title land rights of Australia’s grant of title by government. Indigenous peoples (Mabo No 2). The Native Title Act 1993 introduced a 3 It may coexist with forms of granted statutory scheme for the recognition of statutory title, such as pastoral native title in areas where Aboriginal leases, over the same tracts of land. groups have been able to maintain a Native title thus exists in a complex legal, traditional connection to land and where administrative and cultural environment the actions of governments have not of intersecting and sometimes conflicting otherwise extinguished their prior title. interests. The NLC is committed to The Act provides for the recognition of resolving native title claims through pre-existing rights to land and waters, the negotiation and mediation, rather than making of future acts and the resolution litigation, where possible. Since 2010, of claims for compensation. A key NLC the NLC has been part of a Federal objective is to fulfil its responsibilities Court initiative aimed at settlement of as a native title representative body native title determination applications under the Native Title Act 1993. over Northern Territory pastoral leases. Native title, as recognised under the Act, differs from western forms of title in three significant ways: 1 It is premised on the group or communal ownership of land, rather than on individual property rights.
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Native title: Quick facts • Native title is a set of rights and interests in relation to land or waters including exclusive possession in some cases. • Indigenous Land Use Agreements (ILUAs) are agreements between native title holders and others about the management and use of land and waters. They can be made before or after a determination that native title exists or where there is no native title application at all. • The NLC is the Native Title Representative Body (NTRB) for the Territory’s northern region, covering approximately 570,000 square kilometres of land, including the Tiwi Islands and Groote Eylandt. • As a Native Title Representative Body under the Native Title Act 1993, the NLC’s key statutory functions are: o to facilitate and assist native title holders to make native title applications; o to respond to proposed future acts and negotiate ILUAs or other agreements according to the consultation and consent provisions under the Act; and o to assist to resolve disputes between constituents about native title applications, future acts, ILUAs or other native title matters. • The NLC combines its native title functions with its other statutory functions to improve administrative efficiency and provide flexibility. • The NLC’s work with claimant groups to settle native title determination applications over the Territory’s townships and pastoral leases is an intensive, accelerated process that has resulted in 65 successful consent determinations since January 2010.
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The Legal Branch (report page 52) Current Anthropology Branch effort – provides an overview of claims native title pastoral lease claims work in the region. There follows a Claimant consultations continue summary of the investment of the in respect of Groups 2A and 2B Anthropology Branch into these claims claims, including 14 leases in the which are progressed collaboratively. South East of the NLC region. Current Anthropology Branch effort – Successful authorisation meetings native title township claims were held in June 2017 for the Group 6 claims including four claims near Larrimah in the south of the NLC region. Anthropological research and the Investigations into the native title Connection report were completed in right to take and use resources for the 2016/17 year. It is hoped that this any purpose continue in respect of claim will be finalised and proceed to a the five Minyerri Subgroup claims. consent determination in 2017/2018. Consultant anthropologist Dr Patrick Katherine McConvell is undertaking research into the native title right to take Professor Francesca Merlan is and use resources for any purpose undertaking anthropological research including trade in the Hidden Valley and meetings with Claimants in and Buchanan Downs Pastoral Leases. February and June have been very Eleven Group 3 Pastoral lease claims positive. It is hoped that the research in the Roper catchment are in early informing Professor Merlans’ Connection stages of anthropological research report will be largely completed by anthropologist Gay English. within the 2017 calendar year. Pine Creek Nomination of a Prescribed Anthropological research and the Body Corporate connection report were completed After a determination of native title, in 2016/17. It is hoped that this native title holders must nominate claim will be finalised and proceed a Prescribed Body Corporate (PBC) to a consent determination in to manage their native title rights as the 2017/18 financial year. required under the Native Title Act 1993. A PBC is a corporation that holds or Adelaide River manages native title for the whole native This claim is in the early stages title group. A PBC’s primary role is to of research by consultant give legal force to native title rights and anthropologist, Gareth Lewis. interests held by the group, especially
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by enabling binding agreements about (including as to membership and office land to be executed. Proponents, bearers) and to comply with annual such as governments and companies, reporting requirements. That can lead to must deal with the nominated PBC. a PBC’s lapse into non-compliance under The NLC has developed a corporation the Corporation (Aboriginal and Torres called the Top End Default PBC which Strait Islander) Act 2006 (Cth). In turn, can be used by native title holders non-compliance can result in prosecution where there has been a successful and deregistration of the corporation. native title claim. The members of the Top End Default PBC are the members of the NLC Executive Council. If native The NLC has developed title holders choose, the Top End a corporation called Default PBC will perform the PBC the Top End Default role – primarily executing agreements PBC which can be used on the instructions and directions by native title holders of native title holders. The Top End where there has been Default PBC does not receive money a successful native title or royalties from those agreements. claim. There is no obligation on native title holders to “opt in” to the Top End Default PBC. Also, the native Update on continuing PBC title group can later decide to “opt nomination work out” and develop its own PBC. Top End Default provides PBC services The rationale behind the creation of for more than 170 native title holding the Top End Default PBC was to assist groups, resulting from 69 determinations. native title groups in remote and The Anthropology Branch is required areas where there might be little or no to provide anthropological advice substantial development agreements on as as-required basis to inform the which could have provided financial and administration of and consultations other capacity to run a corporation. concerning these determinations Aboriginal associations or corporations and native title holding groups. whose only role is to hold title in remote regions, and which do not generate income or employ staff, can find it difficult to maintain documentation
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Bynoe Harbour 89 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
Interim access and permit waiver Sea Country In 2007 an ‘interim’ (short-term) agreement among relevant Aboriginal Background Land Trusts, the NLC and the NT Sea country is important across the Top Government was made to allow End of the NT because it is relevant continued recreational and commercial to a large demographic of Aboriginal fishing access to tidal waters over people. Aboriginal people make up Aboriginal Land. The intent of around 50% of the general population, the original interim arrangement with greatest percentages living in was to settle a long term and their remote coastal communities. comprehensive access arrangement. For more than 20 years the NLC After 10 years and 11 extensions of has been working with Traditional the ‘interim’ agreement, the NLC Owners to improve their rights and issued on 24 December 2016 a Public interest in their sea country. Notice, pursuant to section 5(8) of the In 2008, the High Court determined Aboriginal Land Act, stating that it (Gumana vs The Northern Territory) that would not renew the interim agreement. the Fisheries (Northern Territory) Act The Full Council resolved not to renew 1988 did not apply within the boundaries the interim intertidal fishing access of Aboriginal land granted under the licence regime because it had been in Aboriginal Land Rights (Northern place for too long with little resolve. Territory) Act 1976, including the tidal It expired on 31 December 2016. waters over their land from the high The NLC then responded to industry and water to low water mark (the intertidal stakeholder concerns and waived the zone) – the Blue Mud Bay case. requirement for a permit to enter tidal This determination is significant in the waters overlying Aboriginal land for a context of the whole coastline, which period of six months, until 30 June 2017. is 5,100km long with offshore islands The intent was to initiate a dialogue with contributing a further 2,100km. The the NT Government and user groups Blue Mud Bay decision recognises 84% about seriously progressing a permanent or 6,050km of coastline is owned by and comprehensive settlement. Aboriginal Traditional Owner groups. On 10 June 2017, the NLC issued However, today the issue of access another Notice, again waiving the arrangements subsequent to the requirement for a permit to for another High Court decision has not yet six months, until 31 December 2017 been settled. User groups and the to progress developments with both NT Government have continued Traditional Owner groups and user to seek permit free access. groups. Progress had been made in forming a collaborative relationship with user groups and engaging Traditional Owner interests.
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Enduring NT wide permit free Coastal area intertidal fishing access settlement access agreements Under the interim arrangement, the NLC From 2011 the NT Government and the NT Government negotiated successfully negotiated agreements with a Territory-wide settlement package Traditional Owners in coastal areas with in exchange for enduring permit free high incidence of fishing activity. Between access. Between 2009 and 2011, the 2012 and 2014, six intertidal access NLC consulted with a number of large Agreements were settled to provide coastal communities about the package. access to recreational and commercial In 2011, the NLC Full Council rejected operators to fish in tidal waters over the Government’s offer for an ‘enduring’ Aboriginal land without applying for a Territory-wide settlement because permit (WWW.FISHING.NT.GOV.AU/ Traditional Owners did not want to AGREEMENTS.HTML). Those areas are: give up their right to control access 1 Malak Malak ALT for Daly River and were unclear how the settlement area - 1 July 2012 to 2032. would support their local interests.
Consultations at Maningrida, 12 April 2017, about access to the intertidal zone, a consequence of the High Court’s Blue Mud Bay decision in 2008.
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2 Narwimbi, Wurralbi & Wurralbi Sea Country Working Group No.2 ALTs for the Yanyuwa Since the High Court decision, a area (Sir Edward Pellew Islands number of leadership groups have Group and lower McArthur River) been established to provide advice area - 1 July 2012 to 2032. and direction relevant to the NLC’s 3 Daly River Port Keats ALT for processes to resolve intertidal access Anson Bay area from the mouth arrangements. Most recently, in June of the Daly River to Cape Scott 2015, the Sea Country Working Group - 1 January 2013 to 2033. (SCWG) was established at the 110th 4 Arnhem Land ALT for Nhulunbuy Full Council meeting to again bring area - 1 January 2014 to 2034. focus to resolving related access issues. 5. Daly River Port Keats ALT for the The SCWG is made up of elected Thamurrurr Area (Hyland Bay and members of the Full Council and to date Moyle River) - 1 July 2014 to 2034. has met five times. During that time is has established Terms of Reference, The Arnhem Land Aboriginal Land released a position statement (August Trust for the Iwaidja Armurduk area 2016) and been successful in lobbying (Mini Mini and Murgenella Rivers the NT Government for funds to south of Coburg Peninsula) settled resource a Landowner Engagement a three year agreement in July 2013, Strategy and establish a Consultative which has been extended two times, Committee made up of user groups more recently until 30 June 2018. and relevant NT Government agencies. Since 2015, the NLC has been working A Technical Advisory Group has with the NT Government and Traditional also been established to provide Owners to deliver terms under the expert advice on relevant policy agreements. Overall, Traditional and research developments. Owners feel that the Agreements don’t The SCWG current membership includes: allow them to participate in decisions about access or management of their Keith Rory - Borroloola Barkly (Chair) tidal waters. Two of the Agreements Paul Henwood – Darwin/ provision ‘consultative committees’, Daly/Wagait (Deputy) which have been convened as Faye Manggurra - Ngukurr Management Committees. Where Committees are in place, Traditional Shadrack Retchford - Owners support this framework but Victoria River District seek to strengthen their role relevant Wayne Wauchope - West Arnhem to their management of Sea Country. Wesley Bandi Bandi - East Arnhem
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1. Sea Country Working Group Darwin 15 February 2017
Sea Country Working Group chairman Keith Rory (left) and NLC sea country policy officer Lorrae McArthur lead a discussion about access to and management of sea country, Darwin 15 February 2017.
The SCWG is resolved to develop Consultative Committee of a comprehensive framework that The NLC Consultative Committee for considers Traditional Owners’ Sea Country Access and Management • Control of access to sea country (Consultative Committee) was areas and respective arrangements; established on 16 February 2017. Its • Engagement in the management role is to bring stakeholder interests of sea country; together with the SCWG to work collaboratively and constructively in • Maintenance and meaningful considering the views of landowners, recognition of customary use of other user groups and the NT sea country and resources; and Government. The intent is to develop • Participation in fisheries management of a framework for access, management and commercialisation. and the sustainable utilisation of The SCWG advocates the need to work resources in the intertidal area. collaboratively with user groups and To date, the Consultative Committee the NT Government to resolve a long has met three times to discuss intertidal term settlement on access, recognising access issues. In summary, discussions the process will require a long term have been open and constructive and strategy to successfully accommodate general consensus has been made the interests of Aboriginal land owners. about the need for Traditional Owners’ engagement in resolving intertidal access and management arrangements.
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Key outcomes include: Landowner Engagement Strategy • Ratified Terms of Reference The Landowner Engagement Strategy until 30 June 2017; (LES) is being delivered by NLC under • Two meeting communiqués the guidance of its SCWG to inform reaffirming parties’ commitment communities on sea country access to work collaboratively; and management arrangements. It has been the first opportunity for Traditional • Delivery of Aboriginal-led issues Owners to develop their interests in paper and discussion paper; access and management arrangements • Consensus that any development instead of responding to third party toward resolving long standing interests for an access arrangement. issues requires a long term The LES has so far provided a synthesis planning process; and of Traditional Owner responses from • Consensus for the ongoing role • initial (2009-2011) consultations of Consultative Committee. relating to intertidal access The NLC will continue to develop arrangements relevant to the processes with the Consultative enduring NT wide settlement; Committee during the short waiver • recent (2015-2016) consultations with period, with the prospect of a Traditional Owner groups with existing longer-term strategy, dependent Intertidal Fishing Access Agreements on resources and capacity. with the NT Government; and
Traditional Owner Shane Namanurki (left) and NLC Project Coordinator Mo (Maurice) Motlop display a sheet of talking points from a workshop at Maningrida on 12 April 2017, where Traditional Owners discussed access to, and management of, the intertidal zone.
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• outcomes from consultations with access and management Traditional Owners in a number planning and decision making. of areas (February-June 2017). 2 Traditional Owners have aspirations to Communities so far engaged participate in fisheries management under the LES include: to sustainably manage bio-cultural • Maningrida, West Arnhem. resources, through their ranger programs, capacity building in • Arnhem Bay, East Arnhem. fisheries management and broader • Sir Edward Pellew Group, Borroloola management roles and engagement. Barkly (Yanyuwa) – relevant to the 3 Traditional Owners have identified general review of their intertidal decision making at the clan level to agreement and associated be the most appropriate, regardless Wurrahiliba Management Committee. of which governance framework • Mini Mini Murgenella, West Arnhem was adopted to negotiate intertidal (Iwaidja Armurduk) – relevant to access and management. Bringing negotiations of an extension of information back to clan groups their intertidal agreement. through existing channels such as • Daly River, Darwin Daly Wagait rangers, committees and meetings (Malak Malak) – relevant to the five is essential for Traditional Owners year review of their Agreement. to be well-informed and supported to make sound decisions and • Other areas that have an intertidal communicate them effectively. agreement and conducted prior meetings include: 4 Rangers are an essential resource for management of intertidal areas o Anson Bay, Darwin Daly Wagait and to help ensure user groups o Dhimurru, East Arnhem respect Traditional Owners’ rights o Moyle River, Darwin Daly to control access to sea country. It Wagait (Thamarrurr). is essential therefore to strengthen resources and capacity for Aboriginal While consultations with all Traditional Ranger Groups to undertake Owners with intertidal property rights compliance and monitoring of are incomplete, the LES has so far Aboriginal-owned intertidal areas. consolidated the following key themes: 5 Traditional Owners wish to negotiate 1 Traditional Owners want to control intertidal access and management access to intertidal areas, including so that they benefit from the the right to decline access, with sustainable use of resources and broader involvement beyond are provided with an opportunity compliance to planning, policy for economic development. This and management of intertidal includes policy and legislative review areas. Traditional Owners want to and reform to support Traditional control decision making, and be Owners’ engagement in fisheries better informed and participate in and sea country management. more consultations for intertidal 95 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
The NLC has agreed to complete One of those provisions is to LES delivery for the remaining 15 undertake research that examines identified coastal community groups causes of river bank erosion. Research as a first stage to engagement and development and delivery is overseen assessing tidal access issues. by a Steering Committee. The The outcomes of LES have informed the Committee comprises Malak Malak delivery of a discussion paper at the third Traditional Owners, NLC, Amateur Consultative Committee meeting and Fishermen’s Association of the Northern 115th Full Council meeting. It presents Territory (AFANT), NT Government a draft framework for resolving intertidal and other relevant stakeholders. access arrangements that identifies the The Daly River Bank Erosion Study clear need to undertake Participatory began in April 2015 when Traditional Planning Processes to support Owners were identified by the NLC to delivery of local level negotiations participate on the Steering Committee. of Traditional Owners’ interests in The chronology since then has been: access arrangements with relevant • September 2015 – 1st Steering stakeholder and other user groups. Committee Meeting to check terms Technical Advisory Group of reference for project delivery. • December 2015 – NT Government The NLC Sea Country Technical Advisory engaged Charles Darwin University Group (TAG) was established ad hoc (CDU) to deliver research. to the delivery of the LES. Its current membership has expertise largely in • April 2016 – CDU starts community engagement in land and sea Research Project. management planning and experience • May 2016 – 2nd Steering Committee in Indigenous participation in fisheries Meeting to discuss research methods. management. Relevant expertise has • December 2016 – 3rd Steering been essential for supporting delivery Committee Meeting to review of the LES and interpreting policy preliminary research results. objectives. It will also be essential to the development and delivery of longer • February 2017 – project extended term Participatory Planning Processes. two months to include a second data set during peak erosion period. Other activities • June 2017 – Traditional Owners move to change Steering Committee Daly River Bank Erosion Study to a Management Committee Malak Malak Traditional Owners control with broader terms of reference access to tidal waters over Aboriginal for management of the Daly land for part of the Daly River. The Malak River under the five year general Malak Aboriginal Land Trust reached review of their Agreement. a 20-year agreement with the NT The Committee will convene in July to Government in July 2012 that provides review a final research report and make permit-free recreational fishing access in any recommendations going forward. exchange for a number of provisions. 96 Our Land, Our Sea, Our Life
Wurrahiliba Management Committee • examine regional development The Wurrahiliba Management opportunities for supporting Committee has been established under fisheries industries; and the terms of the intertidal agreement • look at feasibility or business case with the NT Government for the Sir of holding a fishing licence. Edward Pellew Islands and McArthur Since this meeting, the NLC has been River areas (Yanyuwa sea country). successful with a funding submission The Committee convened its to the Fisheries Research Development first meeting in August 2015 and Corporation for research that examines started a dialogue with government business opportunities and impediments agencies, industry, research entities for Aboriginal community development and stakeholder groups about local in supportive fishing industries for aspirations for management, fostering the Roper River to Robinson River networks and on strategic research area in the Northern Territory. and policy priorities for the region. The NLC finally secured the project The Committee agreed to in May 2017 and is now in the consider key opportunities to: process of delivery over the next 18 • enhance the role and resources months. Part of this process is to: for Rangers as managers; • Establish a Project Steering • support the next generation Committee of user groups and through programs and initiatives; local entities to provide advice over the course of the project; and • establish long term monitoring of water quality of the • Engage an independent consultant to McArthur River mine; work with Traditional Owners and the Wurrahiliba Management Committee,
Malak Malak rangers, Amos Shields and Aaron Green, survey sawfish on floodplain billabongs
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broader community members, “The committee provides us with an user groups and local business opportunity to balance our ideas, and entities to map out potential about our country and interests. It interests to further Aboriginal will enable us to manage our country, participation in fishing industries. look after its resources and take part in industry. It will hopefully create jobs Iwaidja Armurduk Management Committee for Rangers to monitor and manage The Iwaidja Armurduk Management our country into the future.” Committee was established in 2015 The committee did not meet again under the terms of the intertidal until March 2017 and discussed terms agreement with the NT Government for any future arrangements in light for the Mini Mini and Murgenella Rivers of their short term agreement. Iwaidja area south of Cobourg Peninsula. Armurduk has a strong interest in The Committee convened its first developing a management plan that meeting in October 2015. Government identifies access areas and rules for and stakeholders met with nominated access and for establishing a Ranger Traditional Owners to discuss a program to manage fisheries compliance range of issues and interests. and look after their sea country.
Cherry Wulumirr Daniels (centre, black shirt), who helped found the Yugul Mangi Ranger Group, is congratulated by Ngukurr community members after she received the Medal of the Order of Australia from the Northern Territory Administrator, the Hon. John Hardy (right), 26 October 2016.
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Caring for Country manager Matt Salmon introduces Timber Creek rangers at a joint meeting of the Northern and Central land councils at Kalkarindji, 12 August 2016.
Caring for Country branch Introduction The branch helps Traditional Owners plan for the future health of their country Traditional Owners in the NLC region and report on the effectiveness of their have responsibility for some of the efforts. Our “two-way” land and sea most intact, biologically diverse and management philosophy combines culturally rich savannah landscapes in the best of traditional knowledge and the world. These include iconic places contemporary science to conserve like Kakadu, the Arnhem Plateau and culture and protect biodiversity. the Cobourg Peninsula as well as less This creates a unique synthesis of well known but equally important management approaches, which are places like the Arafura Swamp and widely recognised as amongst the most the Marthakal and South East Arnhem effective and innovative available. Land Indigenous Protected Areas (IPAs) which are all globally significant in their Through Ranger, and Indigenous own right. The NLC actively supports Protected Area (IPA) programs, the work of Aboriginal custodians National Park Joint Management, land to maintain their cultural obligations management-based enterprises and to care for this land and sea country research partnerships, the CFC team through the Caring for Country Branch employs more than 130 Indigenous (CFC), which provides environmental land managers. Supporting this effort is and related support services to a small team of Darwin, Katherine and Traditional Owners who actively Jaibiru based staff who provide WHS manage in excess of 200,000 square and HR services, contract administration, kilometres of land and sea country. advocacy, IT, data management,
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Wagiman rangers deliver Junior Rangers Program, Pine Creek, March 2017
reporting, training and youth and hope that this process, with a strong women’s engagement functions. focus on increased regionalisation, will This year the branch has directly further improve the responsiveness of supported 15 individual ranger groups the branch to people in the bush. and three IPAs, and worked with the Mimal Land Management Aboriginal Approach and achievements Corporation and Marthakal Homelands It is a key objective of the NLC to assist Resource Centre Aboriginal Corporation Traditional Owners to manage cultural, to support their ranger programs land, sea and natural resources in a through sub-contract arrangements sustainable manner. Our land and sea as they move towards independence. managers and program support staff, We have also assisted with the are guided by the values and aspirations establishment of new savanna burning of the Traditional Owners we work with. carbon abatement projects in south east These principles underpin the operations Arnhem Land, continued our focus on of the branch, which actively supports increasing the engagement of women people to establish grass-roots land and young people in our work, and and sea management initiatives across further reformed and strengthened the network of remote homelands, the support services we provide to stations and community centres. ranger programs and IPA managers. During the 2016/17 year the branch: Towards the end of the financial • Worked in partnership with the NT year the branch’s managers, in close Government to secure capacity for sea consultation with our staff, started work country rangers to gain compliance on reviewing our program delivery powers under the NT Fisheries Act. model and staff structure. It is our • Developed strategies to grow the 100 Our Land, Our Sea, Our Life
number of women and young people four senior cultural advisers, an involved in Caring for Country work. Indigenous Administration trainee • Introduced new and more effective and eight program support staff. systems to help our staff work safely. The Indigenous Land Corporation (ILC) • Streamlined and improved the provided funding to support up to 12 FTE support services we provide, including Indigenous rangers, three coordinators holding regional forums to enable and a program coordinator. This our remote staff to provide input investment supports three operational into branch policies, procedures ranger groups – Kenbi, (located on the and workplace priorities. Cox Peninsula), Yantjarrwu in the Daly Region and Timber Creek in the Victoria • Provided high level advocacy River region. This program is structured and policy advice that helped to with minimal operational funding and achieve a commitment from the we are currently exploring a number Australian Government for ongoing of avenues for additional support for ranger funding until 2020. the ranger groups to increase both • Successfully negotiated a further the number of ranger positions and injection of funding for ranger the level of operational funding. training from the Department of These groups continued to be leaders Agriculture and Water Resources, in fee-for-service activities and cost resulting in a doubling of our recovery research programs with available training budget in 2017/18. government agencies such as the Department of Primary Industry and Indigenous Ranger Programs Fisheries (DPIF), biosecurity surveillance The NLC currently supports 17 with the Department of Agriculture Indigenous ranger groups through and Water Resources (DAWR) and funding from the Department of the large-scale land rehabilitation through Prime Minister and Cabinet (DPMC) the Department of Finance (the Cox and the Indigenous Land Corporation Peninsula Remediation project). (ILC). Fifteen of these groups are While full and part time workers supported directly, and two others constitute the majority of our workforce, (Mimal Rangers at Weemol and the a significant number of Traditional Gumurr Marthakal Rangers at Galiwin’ku) Owners were engaged as casual staff are managed via sub-contracts as to support the ranger groups during they move towards independence. peak workloads or to provide cultural Through the Working on Country advice during 2016/17. Our network of Program, the NLC was funded to casual rangers is an important means support the direct employment of for people to work on their country, up to 63 Full Time Equivalent (FTE) often through contributing to peak dry Indigenous rangers, four FTE casuals, season fire management, culture camps,
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training opportunities, and providing • Delivery of a new fisheries patrol guidance and mentoring to the rangers. vessel to the Bulgul Rangers in For all participants, but young people partnership with the Northern and women in particular, casual work Territory Government. provides the opportunity to experience • The continuing success of ILC ranger work. It also provides the NLC ranger groups in leading local level and others with a pool of experienced fee-for-service opportunities. and engaged land managers from which to draw fulltime workers. • Kenbi Ranger’s quoll release project in partnership with the University of NLC ranger groups have continued to Melbourne, Territory Wildlife Park deliver on their commitments and lead and the Department of Environment the country, particularly in the areas and Natural Resources (DENR). of research, management and related This involved training endangered innovation. During 2016/17, ranger Northern quolls to avoid eating groups were involved in a vast array of cane toads, and establishing land and sea management programs, this population on Indian Island including fire management and early dry in Bynoe Harbour, part of the season burning, marine debris collections Kenbi Aboriginal Land Trust. and coastal surveys, marine species surveys and fishery patrols, sacred site • Waanyi Garawa/Garawa Rangers’ management and knowledge transfer engagement of many young through involvement with school groups. and senior Traditional Owners in biodiversity surveys in conjunction Key achievements for ranger with Bush Heritage, and exchanges groups this year have included: between groups such as the • Arafura Rangers trial of a Community Yugul Mangi and Malak Malak Development Program partnership rangers who worked on sawfish to provide further job opportunities surveys with Charles Darwin especially for women rangers. University and NAILSMA. • Commencement of a significant In combination, these programs protect savanna burning carbon abatement and care for more than 200,000 square program involving the rangers in the kilometres of land (i.e., more than Ngukurr and Numbulwar regions. ten times the size of Kakadu National • Significant research and planning Park) and extensive areas of coastline partnerships with our key partner on behalf of Traditional Owners, North Australian Indigenous Land and to the benefit of all Australians. Sea Management Alliance (NAILSMA) and Bush Heritage Australia.
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Kenbi ranger John Moreen releases a quoll on Indian Island on 12 May 2017 – one of 35 quolls released, having been trained to avoid cane toads.
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Case Study
Ranger forums
Fisheries staff talk about the Indigenous Community Marine Ranger Program at the Darwin ranger forum, 15 March 2017.
During 2016/17, the Caring for Country Branch The main priorities to come out of the forums included: reinvigorated ranger group leaders and • Access to more funding: Many ranger groups had managers through well attended forums. varying avenues of funding, contracts, community The Caring for Country Branch hosted two Senior Ranger grants, research grants etc., but there are still and Coordinator Forums; the first in Katherine on 2 & 3 concerns about the future of the ranger programs March, and the second in Darwin on the 14 & 15 March. when long-term funding is not an option to secure. The Katherine Forum hosted 5 WOC funded groups; Bulgul, • Ranger exchanges: Kenbi and Malak Malak Wagiman, Malak Malak, Garawa & Waanyi Garawa and both participated with ranger exchanges in two ILC funded groups; Yantjarrwu and Kenbi. The Darwin 2016 with Dhimirru and Yugul Mangi ranger leg of the Forum had seven WOC groups represented; groups, respectively. This is an important tool Yugul Mangi, Numbulwar, Wanga Djakamirr, Gurruwiling, for all rangers to share their experiences and SE Arafura, Garngi & Mardbalk. External attedndees knowledge and will be encouraged in future. included the Aboriginal Areas Protection Authority (AAPA), Territory Natural Resource Management (TNRM), Dept. of • Developing Junior Ranger programs with local Agriculture, Dept. Primary Industries and Fisheries, Danila schools: Both the Waanyi Garawa and Timber Creek Dilba, Remote AOD Workforce and the Department of the rangers have begun programs with their local Prime Minister & Cabinet. Along with Caring for Country schools; Wagiman and Garngi are in development staff, representatives also attended from the Community stages, hoping to be rolled out by early 2018. Planning and Development Unit, Fleet and Property, Minerals • Support for Women Rangers: On the back of Wagiman and Energy, Executive and Human Resources branches. hosting a women’s conference and fire training for NLC women rangers (2016), the majority of Senior Rangers and Coordinators agreed that having women rangers engaged at either a full-time or casual capacity will be advantageous to the group culturally and strategically. CFC is continuing to develop strategies to encourage 104 and retain women in ranger and coordinator positions. Our Land, Our Sea, Our Life
Case Study
Malak Malak and Yugul Mangi Rangers sawfish surveys
Malak Malak and Yugul Mangi rangers. Inset: Freshwater sawfish
The Largetooth Sawfish (scientific name Pristis pristis, it would be good to do patrols (and relocations) every year, known locally as Tyemerirriny) can be found in the as part of the Malak Malak community’s contribution freshwater section of a number of big rivers in northern to protecting the sawfish for future generations. Australia. As a result, it is known as the Freshwater Sawfish The Yugul Mangi Rangers from Ngukurr have also been (noting that mature sawfish live in the ocean). It used working with scientists who are tracking the movement to be found in many regions across the world, but has of barramundi in the Roper River with acoustic receivers disappeared from many of these, and scientists have found installed throughout the river. Because this technology that northern Australia is one of the last places where there can also be used to track sawfish, in late 2016 the Malak are healthy numbers. Malak Malak Traditional Owners, Malak Rangers travelled to work with the Numbulwar when working with researchers, heard there were only a Numburindi and Yugul Mangi Rangers, NAILSMA and few Largetooth Sawfish are left in the world. Elders already CDU at a number of sites along the Roper River and its knew that sometimes they got trapped in waterholes on tributaries. Although no sawfish were captured this year, the Daly River floodplain, and in late 2012 when Traditional there was a valuable exchange of scientific, technical Owners found some trapped they called scientists from and cultural knowledge and this work will continue. Charles Darwin University (CDU) and the Northern Australia Environmental Research Hub to organise a rescue. This worked very well and afterwards the rangers decided that 105 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
CASE STUDY
Bulgul Rangers and the Finniss Reynolds Catchment Group Project: management of invasive species
Bulgul Rangers, with TNRM and NTG Weeds Branch staff, translocating Nesaecrepida infuscata beetles. Inset: Adult beetles on a Mimosa plant.
In 2012, Australian Government funding was secured for a include biocontrol agent collection and redistribution, five-year project to address the threat posed by feral pigs biodiversity surveys, participation in group stakeholder and the woody floodplain Weed of National Significance meetings, and pig management training and control works. (WoNS), Mimosa pigra, on sites of high biodiversity As a result of this work, the density, seed output and value in the Finniss and Reynolds River catchments spread of Mimosa has significantly reduced overall in the of the Northern Territory. Territory Natural Resource catchment since 2012. Other project outcomes include Management (TNRM) has managed the project since 2013. identification of priority fauna species in the area, reduced A stakeholder group comprising land managers, including feral pig densities, and increased stakeholder awareness Traditional Owners, Bulgul Rangers, small property holders, and engagement. Whilst the original project wraps up National Parks and pastoralists was established. The group's in 2017, some activities will continue to be steered focus has been on strategic collaborative management of by TNRM, such as coordinated feral pig management pigs and Mimosa, with a goal of controlling Mimosa across on the floodplain areas, including at Bulgul. the catchment as a whole. As well as Mimosa herbicide treatment, activities undertaken by the Bulgul Rangers
106 Our Land, Our Sea, Our Life
Partnerships Mindibirrina IPA Plan of Management for the China Wall region. Joint surveys The NLC has developed a suite of of terrestrial vertebrates – reptiles, frogs local, regional, Territory and national and small mammals – in the China Wall partnerships that support the area of the Ganalanga- Mindibirrina development and delivery of the various IPA, have been undertaken. It is hoped land and sea management activities. the program will extend for four more Key program partners (in addition years, the goal being to improve to DPMC and the ILC) include the understanding of the biological values Australian Government Department of of the potential refugia habitats in the Agriculture and Water Resources (which China Wall system. With the expertise provides fee-for-service agreements and support provided by BHA and ANU, for biosecurity surveillance activities) the Waanyi Garawa Traditional Owners and the NT Government Department and rangers have been very engaged of Primary Industries and Resources with all aspects of these surveys – (which provides fee-for-service from site selection, to setting up and agreements for sea country patrols, monitoring pitfall traps, camera traps fisheries compliance monitoring and and remote camera traps, to identifying training with the assistance of the NT animals and sharing traditional and Water Police). The NT Government western scientific names and knowledge. Department of Environment and Natural Resources Weeds Management We also facilitate partnerships Branch continued to provide technical with providers who are looking for advice regarding weed control and opportunities for young people to try funding for aerial surveys of (WoNS), land management work as a possible and research scientists provided advice career path. For this reason we have and assistance with threatened species chosen to extend trial partnerships management and biodiversity surveys. with some Community Deelopment Proggram (CDP) providers, with NLC Bush Heritage Australia (BHA) continued ranger groups hosting participants in to be a key program partner, working Ramingining. Existing ranger programs in close partnership with the Arafura are fully subscribed and we are using ranger groups and their new corporation partnerships with similar providers to (Arafura Swamp Rangers Aboriginal facilitate women’s participation. While Corporation) to finalise the development CDP and similar programs are not a of their Healthy Country Plan. replacement for real ranger jobs, they BHA staff and scientists from the can provide a supplementary labour pool Australian National University (ANU) also for ranger groups and allow participants worked in collaboration with Traditional to trial ranger work, build experience and Owners and the Waanyi Garawa Rangers fill ranger jobs when vacancies occur. to meet the objectives of the Ganalanga-
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Indigenous protected areas IPA (declared in 2015) within the Waanyi Garawa Land Trust, and the SE Arnhem Indigenous Protected Areas (IPAs) Land IPA that was officially declared and are a globally recognised Indigenous added to the National Reserve System developed way for people to meet their in September 2016. The latter covers aspiration to care for country long term an area of more than 18,000 square and participate in the management kilometres of Aboriginal freehold land of country recognised for outstanding within the Arnhem Land and Urapunga cultural and biodiversity values and Aboriginal Land Trusts. The Yugul Mangi forming part of the National Reserve and Numbulwar Numburindi ranger System. There are 14 IPAs in the NLC groups will be managing this culturally region, and the branch directly manages significant, diverse and ecologically three of these through funding from intact country in accordance with the SE the Department of the Environment Arnhem Land IPA Plan of Management. administered by DPMC – namely the Wardaman IPA south west of Katherine (declared in 2014) Ganalanga Mindibirrina
Terry Mahney, Bush Heritage Australia, Geraldine Johny, Lynn Elliott and Kate Seccin check an Elliot trap.
108 Our Land, Our Sea, Our Life
Case Study
South east Arnhem Land fire abatement (SEALFA) project
Australia’s vast and ecologically intact northern tropical whose traditional languages, knowledge, skills and savannas are extremely flammable and recent fire culture it sustains. Traditional languages of the SEAL regimes have been dominated by large, late dry season IPA are Ritharrngu, Rembarrnga and Nunggubuyu in wildfires. These hot, late dry season fires account the north, Ngalakgan and Ngandi in the central areas, for 3-4 % of Australia’s greenhouse gas emissions. Yukgul in the south and Wandarrang along the coast. However, across northern Australia, ground breaking The SEAL IPA is managed by the Numbulwar Numburindi initiatives by Indigenous fire managers and their and Yugul Mangi rangers. These two Indigenous ranger partners to reinstate traditional burning practices have groups hosted by the NLC annually implement a coordinated demonstrated a significant reduction in carbon emissions program of strategic early dry season burning throughout along with highly valued social, cultural, environmental the project area. Each year, a combination of aerial and economic benefits for Indigenous landowners. prescribed burning (incendiary pellets dropped from The South East Arnhem Land Fire Abatement (SEALFA) helicopters) and finer-scale ground burning establish a project uses strategic fire management activities to mosaic of cool burns around and within the project area. reduce the fire-generated emissions of greenhouse gas. In 2016, the first year fully operating their fire project, The south east Arnhem Land region has had a recent the Numbulwar Numburindi and Yugul Mangi rangers history of severe late dry season wildfire covering many achieved an outstanding abatement result, reducing thousands of square kilometres. The SEALFA project their baseline emissions by more than 35 per cent. applies strategic early dry season burning activities to reduce the total area that is burnt each year and to shift the seasonality of burning from late dry season to early dry season. This reduces emissions because the fires are less intense and burn less country each year. The SEALFA project operates within the South East Arnhem Land Indigenous Protected Area (IPA). The SEAL IPA encompasses more than 18,000 km2 of Aboriginal freehold land within the Arnhem Land and Urapunga Aboriginal Land Trusts and is dedicated by its Traditional Aboriginal Owners as an IUCN Category VI Managed Resource Protected Area. A rich Indigenous culture persists across this landscape, home to more than 2000 Indigenous Australians
109 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
Information Technology: Data Collection, • Production of DVDs and Mapping and Reporting other educational materials regarding ranger projects; The Caring for Country Branch • Providing general day-day ICT provides ongoing ICT training and support and troubleshooting; and support to all NLC ranger groups in asset and equipment acquisition, • Assisting with the collection coordination of routine repairs and and management of data and maintenance, and providing required preparation of reports. on site and remote support including: The NLC receives funding from DPMC for • Documentation of ranger group ICT a dedicated Information, Communication needs and budget preparation; and Technology (ICT) Officer position. • Providing training in the use of ICT The ICT Officer visits each of the ranger equipment, including GIS/Mapping groups at least once a year and is in Software and other data management contact with the rangers on a daily tools (e.g., I Tracker, Google Earth); basis to provide ongoing support.
FIGURE 18: CARING FOR COUNTRY DATA COLLECTION
SAGA QGIS PDF M NAFI
G E P R E T
W T
GPS U B C T M / W E P R F S
C P V G S W IT B S M Y T
G VIRB VIRB E P V F C P
CD
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The first part of 2017 has seen the for Country Branch, to the Traditional ongoing deployment of the IT Data Owners and to their community. Collection, Mapping and Reporting The deployment of the GPS Garmin Curriculum Program. This has been put Virb cameras allows the rangers to in place to guide the rangers with the easily capture Geotagged photos use of required software through the and videos facilitating the reporting production of 11 new video tutorials of the activities undertaken by the (Mapping Software). The curriculum rangers on the ground. Training and gives the rangers a better understanding video tutorials have been provided. of all processes involved in data The Garmin Virb camera is another collection and data management. data collection device used alongside The IT Data Collection, Mapping the Cyber Tracker units, handheld and Reporting Curriculum gives the GPS units and standard cameras. rangers a pathway to learn the skills required to provide accurate and comprehensible reports to the Caring
FIGURE 19: CARING FOR COUNTRY DATA REPORTING
GPS U G E P T B C W
6 KML 5 KM 8 JPG 7 KML KML KM G S R 4 9 M / DOC KM 2 R F JPG C P V 3 DOC JPG KM KML 10 1 JPG G VIRB P VIRB E V 11 MP4
111 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
Peter Djigirr, Gurruwiling Ranger Group, educates school students at Ngukurr about ranger work.
Training and capacity building In March 2017, the branch held Coordinator and Senior Ranger In 2016/17, $262,884 was allocated to workshops in both Darwin and Katherine training and capacity building across to get all of our groups together to the CFC ranger groups. The main workshop particular regional issues, focus continued to be the completion allowing groups to discuss and learn of mandatory work healthy and safety from each other, and be updated related training including first aid, on new programs and technologies remote first aid, 4WD and quad bike being rolled out across the NLC. operation, firearms, chainsaws, small engine operation and maintenance, The branch has also been working on application of chemicals and treatment a draft Career Pathways Framework of weeds. We have also sought to to better document the pathway of complete specialised training, including skills, training and experience rangers 20 rangers undertaking Coxswains Near can attain and how this is set against Coastal Grade II training, 17 rangers the pay grades in the NLC Enterprise undertaking Certificate II in Fisheries Agreement. We have worked in Compliance and 10 of our women collaboration with NAILSMA on this rangers undertook prescribed burning policy and have conducted some pilot training and attended a women’s workshops for Kenbi Rangers and leadership workshop in Darwin. Mardbalk Rangers on career planning.
112 Our Land, Our Sea, Our Life
National parks • Assess the social, cultural, environmental and economic The NLC has a statutory responsibility implications of legislation to protect and advocate for the interests and proposals affecting of Traditional Owners of land and sea parks and reserves. within its jurisdiction. This includes estates leased by the Northern Territory • Protect and enhance traditional and Australian Governments and law and cultural practices. included in the national reserve estate • Pursue employment and business for conservation. Approximately 44.6% development opportunities. of the Northern Territory’s national parks • Manage and resolve disputes. and conservation reserves are located in the NLC region, with the majority • Carry out statutory requirements Aboriginal-owned and jointly managed. of the ALRA and the NTA The NLC works closely with Traditional under joint management. Owners and the Northern Territory Parks and Wildlife Commission (P&W) and Parks and Reserves: joint management Parks Australia to support and deliver Kakadu National Park joint management outcomes. Jointly managed parks are potentially a major The 2016/17 year in Kakadu saw the resource for Traditional Owners, but re-instatement of the NLC Kakadu Joint realising these opportunities requires Management Officer (JMO) position. The resources, capability development position is funded by the Department and commitment. During 2016/17 of the Environment and Energy/Director the CFC Branch and Traditional of National Parks and managed by Owners continued to work to build the NLC. The position is responsible relationships and partnerships for the effective performance of the with governments, community and NLC’s statutory functions in relation to industry to help realize this potential. the use and management of Kakadu, In particular, the NLC is focused on in particular ensuring that relevant assisting Traditional Owners to: Aboriginal people are consulted and involved in decision making; that the • Reform governance, fiscal NLC responsibilities with respect to the arrangements and policy to Kakadu Lease are undertaken; and that improve the effectiveness the recommendations from the 2015/16 of Joint Management. Joint Management (JMO) Futures • Engage more effectively with P&W Project are implemented. The Kakadu and Parks Australia by providing third Joint Management position had been party technical advice and advocacy. unfunded since July 2012. As such, much • Make informed decisions about of 2016/17 was dedicated to rebuilding natural and cultural resource relationships between the community use and management. and understanding the aspirations of the Aboriginal community of Kakadu.
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Highlights during 2016/17 included: • Provision of advice to Kakadu • 36 Land Information Requests National Park staff, in particular (LIRs) submitted by the Park senior staff based at Bowali, about to the NLC via the JMO. joint management and engagement with the Aboriginal community • Consultation on a proposed feral (i.e., members for selection panels, animal control program involving day labour, training, places of more than 100 Traditional Owners residence, contact details, etc). which supported a control program in the south of the Judbarra (Gregory) National Park park, removing 6000 animals. The number of Joint Management • Facilitation of the registration of a Committee meetings for Judbarra/ savannah burning carbon project Gregory National Park has reduced over the southern portion of Kakadu: from two per year to one per year, the ‘six-clan’ Wurrk Carbon Project. and this meeting was held in March • Assisting with the registration 2017 at Timber Creek. It included of the Mirarr Carbon Project, a workshop on governance and driven largely by the Gundjeihmi functions of a Joint Management Aboriginal Corporation. Committee, facilitated by NLC Joint Management Officers. Committee • Consultation on a Limilngan-Minitja members are keen to find a solution and Murumburr carbon project. to feral animal management within the • Supporting the Aboriginal members park, and are considering options for of the Kakadu Board of Management, enterprise-based solutions that will in particular the Chairperson, to generate employment and economic improve the functions of the board development within the region. with respect to Traditional Owner Every year, park “country camps” are aspirations. (Several new board held with Traditional Owners. This year’s subcommittees have been formed, camp was held at Paperbark Yard in the including a finance subcommittee, south of the park. Discussions included feral animal subcommittee, and a a tourism opportunities workshop, Plan recruitment guidelines/Aboriginal of Management implementation and training subcommittee). scheduling review, opportunities for • Considerable improvement in feral animal control, and election of employment for relevant Aboriginal southern representatives for the Joint people, especially from the Management Committee. Several communities of Werenbun, Kybrook, scientific permits were issued in 2016/17, Nauiyu, Whistle Duck, Mamukala with Traditional Owner input noted as and the township of Katherine. a permit condition wherever possible.
114 Our Land, Our Sea, Our Life
Traditional Owners participated in Adelaide River Conservation Reserves bush seed collection at Judbarra and The joint management partners held the Timber Creek ILC ranger team their annual meeting in June 2017, participated in a fauna survey of the with Traditional Owners focused park, undertaking trapping and other on contributing to the Howard East survey techniques at three sites. Water Allocation Plan, concerned Giwining / Flora River Nature Reserve about recharge and water quality for future generations as well as aquifer This reserve remains closed to the public sustainability for their cultural sites. The due to extensive flooding damage joint management partners provided in December 2015. Despite this, the a number of valuable comments Joint Management Committee met in and concerns about the plan. October 2016 and April 2017 and Parks Parks reported concerns about magpie & Wildlife Service (P&W), Indigenous geese numbers with the continuous Flexible Employment program (FEP) poor wet seasons providing poor nesting workers and the Wardaman IPA seasons, although the most recent wet rangers have contributed to repair of season was good. Sustainability and flood damage and to ongoing weed safety remain as prominent concerns control. It is hoped that the park will for the Traditional Owners. The partners reopen by the end of this year. An endorsed a no-recreational drones policy additional meeting is planned for for the reserves to help protect nesting the dry season of 2017 to review the and migratory birds within those reserves. implementation and prioritise work scheduling of the Plan of Management.
Judbarra Country Camp
115 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
Mary River National Park Owners as well as researchers. Recent The Flexible Employment Program nominations for Board members saw (FEP) enabled local women to work on the current members reinstated. Garig country spraying weeds infesting sacred Gunak Barlu National Park also won the sites. As a result, last year was the first Innovation Award for its work with the in many that the nearby Mount Bundy Integrated Conservation Strategy at last Hills did not get burnt. This is significant year’s Ranger Awards in Alice Springs. because the area supports a number Tjuwaliyn (Hot Springs) Park of rare and endangered plants and is a recognised biodiversity hot spot. The The Joint Management Committee met McKinlay sector of the park has been in Darwin in June 2017. This meeting also identified by Traditional Owners as provided an opportunity for committee needing some recreational opportunities members and other attendees to inspect and planning will begin this financial year. shelters that are being constructed and earmarked for installation at Tjuwaliyn in Garig Gunak Barlu (Cobourg) National Park 2017. Negotiations for a long-term lease The Garig Gunak Barlu Board of agreement with the NTG are continuing. Management continues to work towards improving employment opportunities for youth. A number of opportunities for employment have occurred through research permits which have been a great educational tool for Traditional
116 Our Land, Our Sea, Our Life
Yellow Water, Kakadu 117 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
Manager Regional Development (south) Rick fletcher writes up lessons from governance training workshop at Full Council meeting, Timber Creek, November 2016.
Regional Development Branch Economic development and appropriate landowning group is commercial services provided the opportunity to make an informed decision in accordance Objective: To secure economic, with its traditional decision making social and cultural benefits for processes, and that affected Aboriginal traditional owners from developments people are also given an opportunity to taking place on Aboriginal land. express their views about a particular Aboriginal land and sea in the Northern land use application. Once informed Territory is rich in biodiversity and other consent is reached, the NLC considers natural resources and has the potential the land use proposal and on approval to deliver economic opportunities and directs the appropriate Aboriginal good outcomes for our constituents. A Land Trust to enter into a licence or major function of the NLC is to express lease agreement with the proponent. the wishes of Traditional Owners. In Prior to taking land use proposals to the terms of economic development, this Traditional Owners for consideration, is carried out through section 19 ALRA multi-disciplinary teams within the NLC, land use agreements. The NLC carries comprising project coordinators, lawyers, out consultations and negotiations anthropologists, regional support on behalf of Traditional Owners with staff and external experts undertake third parties who seek commercial a rigorous assessment. Business and activities on Aboriginal land. economic development in remote parts The NLC must ensure that any land of the NT can be impeded by a number use proposal is reasonable, that the of factors. Some proposals may provide insufficient detail about the proposed 118 Our Land, Our Sea, Our Life
operational area. Land use proposals may underpinned by a lease arrangement cover an area that affects multiple clan reverted back to the Aboriginal estate groups and therefore consultations Land Trust. It is the policy of both and logistics of bringing the decision Commonwealth and Northern Territory makers together can be complex. governments that assets on Aboriginal Seasonal factors also dictate when and land be underpinned by secure tenure where community consultations can be arrangements. Government policy on held. A large percentage of consultations appropriate tenure arrangements has occur during the dry season (April to effectively paved the way for the approval October). However, this window of of a large number of s19 agreements in opportunity puts pressure on both NLC Aboriginal communities across the NLC staff and constituents in relation to region. Leasing arrangements include planning and holding meetings as well public housing, education and training as meeting legislative timeframes. facilities, police stations, health centres, The range of micro-enterprises, private crèches, safe houses, essential services businesses, government and community infrastructure, government employee development initiatives continues to housing, workshops, ranger stations, increase and the NLC is strategically housing, and commercial operations. focused on aiding development It is estimated that across the 28 of enterprises on Aboriginal land. discreet medium-to-large Aboriginal The benefits for Aboriginal owners, communities on Aboriginal land in the community members and stakeholders NLC region there are just over 4,000 of securing s19 leases, facilitated lots or parcels of land – a significantly by the NLC in accordance with the large lease management portfolio. The requirements of the ALRA, include: three largest Aboriginal communities, • Secure tenure for Traditional Owners, Galiwin’ku, Maningrida and Wadeye public housing tenants, proponents each have more than 400-plus lots. (government and commercial) and To effectively manage the volume of investors (financial institutions). leasing interest on Aboriginal land, • Secure rental returns administered the NLC has established a custom by the NLC and subject to the built electronic database called the protections in the ALRA, with Land Information Management System rates typically determined (LIMS) that registers and tracks the by the Valuer-General. progression of s19 land use expressions of interests up to the agreement • A consistent approach to leasing and compliance stage. LIMS is being on Aboriginal land, whereby developed to manage the whole-of-life proponents are familiar with activities associated with negotiated NLC processes and procedures, land use agreements. Capturing and providing certainty for investment. collating critical information assists the Since the Commonwealth’s compulsory NLC to plan, predict future workload five-year leases over Aboriginal land demands, and manage resources expired in August 2012, all property not effectively – significantly enhancing
119 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
the quality and quantity of information Challenges presented to Traditional Owners about The increasing number of s19 land use activities occurring on their land. agreements and expressions of interests Over the past 12 months, the NLC over the past five years has required received land use expressions of significant resources to progress and interest for 153 parcels of land across manage a rapidly growing land use a range of industries; just over 50% of management portfolio. As part of a all those applications were to secure continuous improvement strategy, a parcel of land in an Aboriginal the NLC has invested in streamlining community. Lot lease applications lease management business processes included expressions of interest and procedures, strengthening multi- for residential accommodation, disciplinary teamwork, enhancing the industrial areas, retail stores, essential logistics and meeting capabilities of service sites, office accommodation, regional offices, and investigating and health infrastructure. enhancements to whole-of-life The consultation meeting costs, lease application software with both including travel, logistics and catering integrated financial management and to progress s19 Land Use expressions Geographic Information Systems. Lease of interest this financial year was just management business development over $332,000. Funds for this activity efficiencies will assist the NLC to work were derived from ABA grant funds closely with Traditional Owners to and user pay contributions; it is harness economic and community interesting to note that proponents development opportunities. contributed just under 25 percent of Managing Proponent Expectations the entire cost of these consultations. Progressing an expression of interest Achievements to the agreement stage takes resources and time. Consideration Since 1 July 2016 the Executive Council, must be given to the large number Full Council and Chief Executive Officer of existing applications, competing approved 77 s19 land use agreements. priorities, and the steps that the NLC The Executive Council met six times follows from registering the interest during the year and approved 67 to having an agreement executed. agreements. The income generated through approving these lease The s19 land use assessment process can agreements stimulates local economies take up to six months to get a proposal in Top End communities and produces to an agreement – and that is if there a range of economic, cultural and are minimal delays. Proponents need social benefits for Traditional Owners. to factor these timeframes into their planning to avoid disappointment.
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FIGURE 20: s19 LAND USE EXPRESSIONS OF INTEREST BY PARCELS OF LAND
1 1 L L 7 2 4 P 1 2 3 R 3 1 1 2 S 3 1 S 7 T 2 5 T W 51 6 W 1 A 1 1 A 1 5 B 3 3 B 4 3 C 3
12 C 1 F 6 F 2 L 3
FIGURE 21: NLC’s DELEGATED AUTHORITIES APPROVED 77 s19 LAND USE AGREEMENTS
E 67
12 F 1 1 C
7
121 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
FIGURE 22: FROM REGISTERING AN EXPRESSION OF INTEREST TO ESTABLISHING AN AGREEMENT
Register interest Assess application Anthropologist determines who needs to be consulted
Cost estimate of consultations Agree to key terms Schedule a meeting; the proposal competes with countless other priorities
Consultation with Traditional Owners Approved by the relevant Agreement executed and affected groups delegated authority
Addressing a backlog of s19 land use proposals • Delays in obtaining signatures The NLC is actively working through of Land Trust members to a large number of accumulated complete agreements; expressions of interest and at the • Ministerial consent for end of the year had outstanding an agreement; and interests for 273 parcels of land, • Funerals and sorry business. with some of these interests actually competing for the same land parcel. A large percentage of the backlog of work that has been around for a Dedicated s19 land use project teams lengthier period has been due to continue to work through outstanding Traditional Owner disputes and not expressions of interest. Reasons why the being able to make a decision. NLC experiences delays in progressing s19 Land Use Agreements include: Cost of Consulting Traditional Owners • Proponents fail to provide relevant Progressing s19 ALRA land use information in a timely manner; applications with Traditional Owners • Difficulties finalising negotiations has significant cost implications. Having with proponents; strengthened user-pay systems as per the Australian Government cost • Traditional Owner groups recovery guidelines has been critical to unable to make decisions; improving the NLC’s business efficiency, • Funding limitations to hold productivity and responsiveness. meetings and resource issues;
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FIGURE 23: OUTSTANDING s19 EXPRESSIONS OF INTEREST TO BE COMPLETED BY REGION
D D W 60 5 E A 5
11 22 W A 12 K 33 N 2 VRD 2 B B 15 11
AS OF 30 JUNE 2017, 277 PARCELS OF LAND HAVE AN EXPRESSION OF INTEREST
12
35 4
It will be crucial to continue to implement The NLC’s s19 land use agreement user pay systems successfully to ensure portfolio has increased to 567 leases that the progressions of s19 land use and licences across 3,256 parcels agreements is done cost effectively. of land. As a result the demand for lease compliance work also grows Agreement Compliance with regular lease reviews. Land use agreements have a compliance A high percentage of NLC resources are requirement which needs to be dedicated to agreement negotiation and monitored and resources applied to making. Managing compliance aspects ensure that the interests of Traditional of agreements effectively is becoming Owners are managed in accordance increasingly difficult without dedicated to the agreement. Agreements such resources assigned to these tasks. as tourism, crocodile egg collecting, The NLC is looking to establish safari hunting, mustering, and pet meat dedicated resources to oversee require the NLC to analyse data so future agreement compliance. that annual fees and royalties can be calculated and proponents invoiced correctly, to ensure funds are received and distributed to Traditional Owners.
123 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
FIGURE 24: LAND USE AGREEMENTS CURRENT OR HOLDING OVER
D D W 124 4 4 E A 147 22 W A 131 10 K 62 N 55 VRD 22 B B 26 11 30 JUNE 2017, TOTAL 567
26 23
FIGURE 25: PARCELS OF LAND THAT ARE UNDER A CURRENT AGREEMENT OR IN HOLDING OVER
1 D D W 5 5 2 E A 1071 11 22 W A 46 K 2 7 N 351 VRD 71 B B 25
30 JUNE 2017, 3,256 PARCELS OF LAND
33 26
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Commercial development economic opportunities do exist for Aboriginal people on Aboriginal land. As Goal: Facilitate economic populations increase, small to mid-size opportunities that lead to viable and food and retail operators increasingly sustainable commercial activities see Aboriginal communities as attractive and development in the regions. business opportunities. A range of Key objective: Empower Aboriginal industries from horticulture to agri- people to carry out commercial activities forestry and pastoral enterprises are also and build sustainable enterprises. in development and the environmental Economic development provides the sector provides real opportunities for foundation for genuine opportunities Aboriginal enterprises. As a result of for Aboriginal people with attendant the Blue Mud Bay High Court decision, cultural and social benefits. Section entry into the commercial fishing 23(1) (ea) of the ALRA empowers the industry also presents commercial and NLC to assist Aboriginal people to carry economic opportunities. The long- out commercial activities, provided term focus, however, is on developing that NLC itself does not profit from the the capacity of Traditional Owners: activities. Currently, Aboriginal people • To participate in the in the NLC region suffer from high levels mainstream economy; of disadvantage, a situation not likely • to take advantage of commercial to change without long term strategic opportunities arising from investment. The NLC is a key agency developments on Aboriginal land; and in facilitating economic development on Aboriginal lands, with statutory • to develop long-term sustainable responsibility for facilitating economic Aboriginal enterprises in the pastoral activity over an area that covers more industry, timber works, aquaculture, than 210,000 square kilometres of feral animal management and Aboriginal land as well as 85 per cent harvesting, CO2 (fire) abatement of the coastline. The NLC’s economic programs, mining operations, development program assists Traditional railways and pipelines, gas and Owners to use their land assets to major infrastructure development. create investment and businesses Additional funding has enabled the and employment opportunities. NLC to deliver long-term, targeted The NLC faces many challenges in commercial assistance programs. At building sustainable enterprises on the same time the funding has had a Aboriginal land because most former significant impact upon the success reserve land and land obtained under the of Australian and Northern Territory ALRA has low commercial productivity. government initiatives in economic Services and essential infrastructure and commercial development. are also poor in remote locations. Exceptions include areas where minerals have been found, and where nature- based tourism can exist. Regardless,
125 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
STAFF PROFILES Maurice Motlop
POSITION AND REGION INDIGENOUS CONNECTIONS Section 19 Project Coordinator, I am of both Aboriginal and Torres Strait West Arnhem Islander decent. I was born in Darwin and have grown up here. My mother was an OFFICE LOCATION Aboriginal woman born in Darwin and Darwin, Head Office my father a Torres Strait Islander born BACKGROUND on Thursday Island and raised there for his early years before moving to Babinda I am from Darwin. After leaving school and then on to Darwin as a young man. I completed a trade and stayed working in it for 20 years. I joined NLC in 2004 INTERESTS and have worked here since (bar taking Sport and music. up a position with the NT Government WHAT’S IT LIKE WORKING AT THE NLC? from 2007–2009 where I worked across a vast area including coastal Very Important, I find people don’t communities from the Borroloola region fully appreciate what we try to do in the east right across to Broome). I until they come and work here. like trying to get things happening for WHAT DO YOU SEE AS SOME OF THE Aboriginal people so working for the CHALLENGES FOR NLC IN THE FUTURE? NLC is a natural fit for me. Even the smallest project where we get positive Playing our part in looking after outcomes and Traditional Owners our Traditional Owners with have a win is very rewarding for me. regards to government programs to develop the north.
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STAFF PROFILES Dean Dempsey
POSITION AND REGION mainly AFL, rugby league, tennis, touch, and golf. I am also a one-eyed West Acting Senior Project Officer, Coast Eagles and Wanderers fan. Darwin/Daly/Wagait WHAT’S IT LIKE WORKING AT THE NLC? OFFICE LOCATION The job is very rewarding and satisfying 45 Mitchell Street to help out our people and learn about BACKGROUND ongoing Aboriginal issues. Things don’t Born and bred Territorian and lived always go to plan, things are constantly in Darwin all my life. Started with the changing and working at the NLC NLC back in 2000 and have worked in has provided me with a lot of valuable a number of different areas within the lessons and continuous learning. I NLC including, Records, Land & Sea, absolutely love getting out on country Payroll, Property Manager, Employment and talking to Traditional Owners & Training and the past five years in about issues and potential projects. Regional Development as a Project WHAT DO YOU SEE AS SOME OF THE Officer or acting Senior Project Officer. CHALLENGES FOR NLC IN THE FUTURE? INDIGENOUS CONNECTIONS Economic development for Traditional I am a Saltwater man, my mother’s mum Owners on their country, getting is Wadjigan and mum’s dad is Larrakia. funding for an array of projects on Aboriginal Land, the constant changes INTERESTS of legislation and Government policies Fishing, hunting and camping and taking and trying to educate non-indigenous my kids to country and teaching them people about the issues and challenges about our way of life. I love my sports Aboriginal people face on a daily basis. 127 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
Regional Development accelerating Aboriginal land access and management of The Regional Development Branch Telstra infrastructure leases. comprises the regional office network and support operations. According to • 11 positions in Darwin to directly ABS statistical (2011) nearly 70 percent of support all regional offices, all Indigenous people in the NLC region coordinate regional programs live outside of the greater Darwin area. and provide services to the Therefore, NLC regional offices are the Darwin/Daly/Wagait region. first point of contact for a vast majority The regional office network team of rural and remote Aboriginal people supports on country projects by: accessing NLC services. The branch • Assisting the coordination has 41 positions with staff currently of all consultations; working across 10 sites, including: • Progressing expressions of • 28 regional positions in Katherine, interest for land use; Timber Creek, Ngukurr, Borroloola, Tennant Creek, Jabiru, Maningrida, • Compliance activities for Wadeye, Nhulunbuy and Galiwin’ku. Land Use Agreements; • Defence Liaison position funded • Processing permits & funeral by the Department of Defence applications; and and based at Timber Creek to • Supporting the Full Council assist with the implementation and and Regional Councils. monitoring of the Bradshaw ILUA. Nearly 70 percent of all staff employed • Telstra Liaison position funded in the Regional Development team are by Telstra to assist with Indigenous, and a large percentage of
Sheltered from driving rain, Manager Regional Development (north) Jonathan McLeod represents the NLC at a service at Gangan outstation in east Arnhem Land, 8 February 2017, to celebrate the life of the late Dr Gumana, who was lead plaintiff in the Blue Mud Bay case settled by the High Court in 2008.
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our people have close ties to the region • Supported the logistics and they work in and are recruited locally. running of all the Regional Council The regional network also engages up to and Full Council meetings. 20 local Aboriginal casual employees to assist with projects on an as-need basis. Challenges Future expansion activities include A large majority of NLC staff, outside establishing a permanent presence the Caring for Country Branch, are in Galiwin’ku in 2017/18. based in Darwin, but a significant percentage of all Aboriginal people It is important that the NLC establish that the NLC represents live in the and maintain a presence in Wadeye, bush. A key challenge for the NLC Maningrida and Galiwin’ku as each is to develop a regionalisation of these communities has at least strategy so it is in a position to shift 2,000-plus Aboriginal residents. resources and strengthen services to The NLC regularly does business constituents in locations of high need. at Maningrida and Galiwin’ku, the home of Traditional Owners from A continuous investment to upgrade numerous clan estates within the regional office infrastructure, Arnhem Land Aboriginal Land Trust. communication and information technology infrastructure and Achievements software will keep regional services Over the last 12 months the effectively accommodated and Regional Development Branch up to date with efficient and achieved the following: modern day business practices in a changing work environment. • Established a dedicated logistics team based in Katherine. Important regional office service hubs like Katherine, Nhulunbuy and Jabiru are • Successfully managed the logistics being reviewed, with a long-term plan to for more than 217 s19 ALRA land address infrastructure, human resource use, native title, royalty distribution, and service delivery needs. Large community development, minerals Aboriginal communities like Wadeye, and energy consultations that Maningrida and Galiwin’ku are not only involved 9408 Traditional Owners service hubs to outlying areas; they have and affected Aboriginal peoples. growing populations with approximately • Led the way in the assessment 8000-plus Aboriginal residents. of all s19 ALRA Land Use The Regional Development team has Expressions of Interest. drafted a regionalisation strategy which • Re-established a permanent will be finalised in the latter half of presence in Maningrida. 2017, and have initiated preliminary • Processed a high percentage of planning for concept plans and a cost all the 8212 land access permits. estimate for purpose-built facilities at two key regional service hubs • Facilitated the administration of 200 and three community office sites. funeral and ceremony applications. 129 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
FIGURE 26: REGIONAL DEVELOPMENT’S LOGISTICAL EFFORT - NUMBER OF TRADITIONAL OWNERS AND AFFECTED PEOPLE CONSULTED BY REGION
D D W 1237
13 E A 1347 W A 1102 K 1330 2 N 1131 VRD 5 7 14 B B 2674
6 12
12 14
FIGURE 27: NUMBER OF CONSULTATION MEETINGS BY REGION WHERE THE REGIONAL DEVELOPMENT TEAM ORGANISED LOGISTICS
D D W 53 7 E A 55 5 W A 32 24 K 2 N 23 13 VRD 11 B B 15
11
25
15
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FIGURE 28: FUNERAL AND CEREMONIAL GRANTS
REGION FUNERAL CEREMONY TOTAL PER REGION Borroloola Barkly 13 18 31 Katherine 36 0 36 Ngukurr 21 0 21 VRD 6 1 7 Darwin Daly Wagait 34 0 34 West Arnhem 26 1 27 East Arnhem 41 3 44 TOTAL 177 23 200
Funeral and ceremonial fund certain people to obtain permits in certain circumstances, such as anyone in The NLC administers funeral and “common areas” within community land. ceremonial assistance grants funded by the Aboriginals Benefit Community land refers to the five-year Account. The NLC Full Council lease boundaries drawn around each recognises the increasing costs of of the communities prescribed in the charters, freight and coffin costs, Northern Territory Emergency Response and the funeral and ceremonial fund (NTER, aka the “Intervention”). Permits enables Traditional Owners to apply are no longer required for anyone for assistance to conduct funerals entering communities by aircraft or and ceremonies on country. boat, so long as the landing place (for example airstrip or boat ramp) is not Statistical data for funeral and part of a private lease and so long ceremonial assistance for 2016/17 as there are roads from the landing are provided in the table above. place to the community common Land and water access permits areas. The Northern Territory Police have the power to remove people who A key NLC objective is to ensure violate permit requirements. The NLC access to Aboriginal land is managed must authorise any prosecutions. effectively and efficiently. The ALRA made Aboriginal land private land, In addition to opening specified areas and regulated the entry of persons to the public, the new legislation without estates or interests in the allowed government employees to land or traditional rights in the land. enter and remain on Aboriginal land Amendments to the Act that took without Traditional Owner consent. effect in 2008 removed the need for These changes did not lapse at the
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FIGURE 29: PERMITS ISSUED 2016/17
PERMIT TYPE ISSUED PERMITS ISSUED Intertidal Fishing Permit 34 Media/TV/Film 31 Mining Work Permit 723 Other 16 Recreation 1,045 Research 110 Tourist 182 Transit 1,085 Work Permit 4,986 TOTAL 8,212
FIGURE 30: PERMITS, BY TYPE AND PERCENTAGE
W 4 6
13 I 34 M /TV/ 31
1 2 M 723 O 16 R 1045 R 110 13 T 1 2 T 110
1 61
1 1
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conclusion of the five year NTER lease applications, compliance and period. This statutory protection from renewals, allowing both the NLC and prosecution should not be confused Telstra to efficiently handle community with a right to enter and remain on enquiries from Traditional Owners about Aboriginal land without a permit – work Telstra infrastructure on their land. permits should still be sought in all NLC’s Telstra Liaison Officer is a local circumstances. The NLC has proposed Indigenous man from Darwin with more that the permit system be reinstated, than 30 years experience working with while ensuring that government agents Telecommunications across the NT. As and journalists working in a professional a result of this agreement dedicated capacity – for example, in order to attend assistance is provided to Telstra court sessions – can enter Aboriginal contractors and their clients by way of land without a permit. Government information and advice about services, employees and contractors engaged in contacts, procedures and land access. extracurricular activities without a permit, such as hunting or motor biking, may Telstra has also been a long-standing still be prosecuted. The NLC encourages partner with the NT Government and all members of the public to obtain are well into the second year of a permits, as movement records can be three-year infrastructure co-investment useful in the event of an emergency, agreement to the value of $30 million. or notification of road closures. The funding objectives include the Telstra Mobile Black Spot program that Statistical data for permits recently provided a new mobile base issued by type for 2016/17 are station for Minjilang and Manyallaluk provided in figures 29 and 30. communities as well as 3G/4G mobile equipment upgrades to a large number Telstra of other Aboriginal communities. Since July 1997, the NLC has maintained Telstra has continued to put much a business relationship with Telstra by the work into design and planning for way of hosting a dedicated Telstra Liaison upgrade services across the NLC position to accelerate the provision and region, including Bulman-Weemol, ongoing maintenance of communication Minyerri, Yarralin and Timber Creek. infrastructure on Aboriginal land for the benefit of residents and businesses Telstra and its contractors were issued throughout the Northern Territory. more than 100 work permits and site clearances to perform critical work on There are benefits to all stakeholders Telstra infrastructure on Aboriginal having the Telstra officer embedded land. Major work included the within NLC: the position is a single Northern Territory Government and point of entry for Telstra with permits Telstra Mobile Black Spots Project. and site clearance applications,
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Preliminary discussions have been a large number of Radio repeater sites held with Traditional Owners and other and NBN Optic Fibre regional huts. affected people on Telstra’s proposed Telstra has 52 parcels of land under optic fibre to Bulman, Minyerri and agreement which include Radio the radio infrastructure to Yarralin, Transmitters, Trunk Repeater Optical Minjilang Croker Island Mobile Base Fibre regeneration huts and licences Station via Telstra optical cable and to maintain the Telstra communication radio network to Cobourg Peninsula network across the NLC region. from Jabiru, and Manyallaluk Eva Valley Eleven more parcels are waiting for Mobile Base Station via Tandangle Radio NLC confirmation of fair terms and Repeater east for Barunga Community. conditions for new agreements. Work is also planned to replace Additionally, four new Expressions of the Radio tower at Numbulwar Interest for new infrastructure were due to structural corrosion. received during the reporting period. Telstra has significant infrastructure under lease on Aboriginal land that includes
Telstra infrastructure, Lingara 2017
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Telstra Infrastructure, Bulman 2017 135 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
Bradshaw Field Training Area ILUA
The Model that Works: when an ILUA becomes a interpretation of the ILUA and their partnership, not a weapon. understanding of it. Meetings were very formal with Defence personnel The Indigenous Land Use Agreement in full uniform, strict protocol was (ILUA) for the Bradshaw Field Training the order of the day, and adherence Area (BFTA) was finalised on 16 July 2003; to the written word of the ILUA was its full title is the Bradshaw Partnering overseen by each side’s legal team. Indigenous Land Use Agreement. In 2007 a different approach was The agreement established the proposed to get both parties to meet Bradshaw Liaison Committee (BLC) in the middle. The parties decided to made up of Traditional Owners, Defence meet more informally, without lawyers. Personal and the NLC, to oversee the Misunderstandings of the ILUA were provisions and intent of the ILUA. identified and a partnership developed. At all BLC Meetings between 2003 and It was recognised that the BLC 2007, both Defence and Traditional membership was too large and Owner/NLC representatives bought cumbersome, that the previous along both a copy of the ILUA and adversarial approach was detrimental a lawyer – to the point where no and that a more informal dress and real progress was possible as both conduct code would be better. sides retreated behind the written
Staff of the Bradshaw & Timber Creek Contracting & Resource Company mark the opening of a new accommodation village at Timber Creek. From left, Mathew Smiler, Desmond Jones. Lorraine Jones (Chair of the Bradshaw Liaison Committee), Kendrick Hector, Clifford Jones, Daniel Jones and Grant Haley (Manager).
136 Our Land, Our Sea, Our Life
The company’s plant yard at Timber Creek.
Changes were quickly observed at This concept of responsibility and the next BLC meeting: uniforms ownership has been a cornerstone in were no longer the dress standard the development of BTCC into the for Defence personnel and the contracting company that it is today. BLC Committee membership was BTCC now has 17 full time employees, reduced. A partnership was born, a range of contracts with both Defence based on mutual respect and trust. and the NT Government, and has The partnership has removed many entered into joint ventures with a road blocks that were unforeseen when major civil contracting company. the ILUA was drafted. The parties now BTCC will work with the company on work together to achieve acceptable a major highway and bridge upgrade outcomes. A commitment by members near Timber Creek this year. of the Defence team to protect From a small start in 2007, BTCC now sacred sites has much improved the has an asset base of plant, property and partnership with Traditional Owners. equipment to carry out all contracting This ILUA also led to the establishment opportunities that may arise in the future. of the Bradshaw & Timber Creek The Bradshaw experience shows that Contracting & Resource Co (BTCC), an ILUA, if used with the intent it was a traditional owner company designed for, can have beneficial based in Timber Creek. outcomes for all parties, rather than Formed in June 2008, BTCC started being used as defence document off bidding for minor works contracts to attack each other with. at BFTA, and works at Bradshaw as contractors not as Traditional Owners.
137 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
Indigenous cattlemen’s workshop, Tennant Creek, October 2016
Pastoral Report 2016 – 2017 Industry Update While the industry is enjoying a period of prosperity through high demand The northern cattle industry has and strong prices, feral cattle and continued to strengthen over the past buffalo roaming on Aboriginal Land 12 months and the outlook remains Trusts will be a target for unauthorised optimistic for the next financial year. mustering and back door deals that Demand over the past year from live usually equate to below market rate export markets and abattoirs for cattle returns to Traditional Owners. and buffalo remained strong, and has led to increased pastoral property values Cattle and a spike of interest in Aboriginal Land The Northern Land Council region Trust areas potentially available for long- covers a range of land types, from term grazing or feral animal harvesting. semi-arid to wet dry tropics, and the Payments negotiated for grazing licences style of pastoral production varies from have increased substantially over the properties suited to cattle breeding past 12 months, which should deliver a through to flood plain fattening land better return to Traditional Owners. which is particularly suited to presenting Areas of Aboriginal land suitable for a high quality animal for the live pastoral use and development within export trade. The NLC has 42 pastoral the NLC region will continue to attract agreements in place with four under competitive interest on availability. negotiation and pending completion.
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The total Northern Territory cattle A summary of the buffalo mustering herd is estimated to be 2.2 million with interests is as follows: approximately 120,000 (5.4%) grazing • Four s19 buffalo mustering licence on Aboriginal land in the NLC region. agreements are currently in place for up to four years, each covering a total Buffalo area of approximately 21,072km² NLC has continued to work with • Consultations are ongoing for two Traditional Owners to progress buffalo proposed licence areas in Arnhem mustering licence agreements on their Land that cover a combined area county. The majority of large herds of of approximately 8,900km² feral buffalo are in the remote regions of Arnhem Land and roam across vast • An area near Katherine that areas, which makes the process of covers approximately 1,940km² consulting Traditional Owners about is currently in consultation. potential mustering licences complex, • An area in east Arnhem Land with a time consuming and costly. Prices for number of competing interests that live export and the local meat trade will covered more than 1373km² was remain reasonable while cattle prices consented to; however, the successful and overall demand remains high. proponent prior to executing the
Indigenous cattlemen’s workshop, Tennant Creek, October 2016
139 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
lease did a fly over of the license area increasing the use of satellite technology and advised that they would not be to better monitor land condition and entering into an agreement due to improve infrastructure design on pastoral concerns about the viability of buffalo areas. The use of available technology numbers in the proposed licence area. will allow the NLC to make better use of • Two s19 lease areas of approximately limited resources to monitor and improve 4,997km² in the east Arnhem property design to maximise benefits to region are pending consultation. Traditional Owners who have consented to pastoral activity on their land. Pastoral Unit Pastoral compliance is resource intensive There are two pastoral coordinator and critical, as Traditional Owners can positions based in Darwin and Katherine, forgo up to 70 percent of their financial dedicated to assessing expressions of benefits through infrastructure offsets. interest, agreement consultation and So, it is important that the NLC constantly ongoing compliance management. liaises with licence holders, government and Traditional Owners to ensure key The pastoral unit has been milestones in agreements are achieved, engaged in the following activities and that property, environmental and over the last 12 months: animal conditions are managed properly • Expressions of Interest received – 15 under the agreement. Much of the • S19 licence agreements completed - 7 process involves a lot of bush work with each pastoral coordinator spending • S19 licence agreements pending - 4 much work time travelling, checking • Unsuccessful applications – 5 on property conditions, agreement • Compliance Checks – 2 desk deliverables and consulting with top compliance checks, three Traditional Owners and stakeholders. onsite compliance checks The pastoral team works closely with • Preparation, planning and government departments to access scheduling of pastoral activities up-to-date best practice information for the next financial year. to ensure pastoral activities are sustainable and viable for the long The NLC is currently looking at term benefit of Traditional Owners. harnessing technology to increase its capacity to manage a broad suite of properties and has embarked on
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Djelk Indigenous Protected Area
141 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
The Chair of the Scientific Inquiry into Hydraulic Fracturing in the Northern Territory, the Hon. Justice Rachel Pepper, describes the work of the Inquiry to the Full Council meeting at Katherine, May 2017.
Minerals & Energy Branch Overview Minerals and energy project and provides a regulatory structure management at the NLC is conducted under which resource development under Northern Territory and may progress if access to land is Commonwealth legislation – the granted and government approvals are Northern Territory Aboriginal Sacred provided through the relevant Acts. Sites Act, the Environmental Assessment Resource-based exploration and Act, the Minerals Titles Act, the development projects pose a potential Petroleum Act, the Geothermal Energy risk to the natural environment and Act and the Mining Management to Aboriginal society and culture. Act (Northern Territory Acts); and the Such projects could cause a level of Aboriginal Land Rights (Northern disturbance which negatively impacts Territory) Act 1976 (ALRA), the Native on Aboriginal spirituality, connection to Title Act (NTA) and the Environment land (or places) and their cultural and Protection and Biodiversity Conservation social activities, and these impacts may Act (EPBC) (Commonwealth Acts). vary in scale from relatively minor to very This legal framework recognises the serious. The responsibility to protect rights and interests of Traditional culturally and environmentally sensitive Owners and native title holders areas from such risks is significant not through their continuous cultural only to Aboriginal people and the NLC, connectivity and rights to the land, but also to the broader community.
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Conversely, the benefits that resource development of project infrastructure. developments offer may help the The NLC achieves this by various means, economic and social development of including by providing technical advice remote communities and, in the case of and representation at all stages of large projects or cumulatively, provide a the project from application through significant contribution to the national to production and by facilitating economy. Therefore, a careful balance face-to-face consultation among must be achieved and this provides Traditional Owners, native title holders the basis for the Minerals and Energy and resource companies. The NLC Branch to ensure that Aboriginal people also ensures that consultation and are provided with all of the information Aboriginal concerns are paramount necessary to make informed decisions when a project is being placed into about whether or not they wish to care and maintenance, administration have development on their land. or is closed and rehabilitated. The vast majority of the NLC region is The Minerals and Energy Branch also covered by applications to explore for advocates for Aboriginal people by minerals and petroleum and throughout pressing the need to consult effectively 2016/17 the NLC continued to receive with, and address issues of importance new applications to explore for mineral to, Aboriginal people when making and energy resources. Apart from the submissions to environmental impact development of the Northern Gas assessments, amendments to legislation Pipeline (NGP), to transport gas from the and other matters related to the Northern Territory to Queensland, the resources sector. Many resource-based reporting period has seen a significant development proposals, including reduction in workload for the NLC exploration proposals, contain complex related to the onshore petroleum sector. technical information. Where the project This slow-down in the number of oil and is to be developed on land subject gas consultations and related activity to the ALRA it is crucial that the NLC has coincided with the implementation establishes whether Traditional Owners of a moratorium on hydraulic fracturing have given free, prior and informed of onshore unconventional gas consent (FPIC) to exploration and/or reservoirs in the Northern Territory. production, and have approved access to The bulk of the branch’s workload during any affected land or granted tenement. the reporting period has been related Under the principles of FPIC, the NLC to the minerals sector, legacy mines and has a responsibility to ensure that all responding to government policy and information is communicated effectively regulatory matters such as the proposed to ensure that the nature and purpose environmental regulatory reforms. of a proposed project is understood, The NLC strives to protect Aboriginal and to provide an opportunity for culture and rights by ensuring that Traditional Owners and other affected Aboriginal people can make informed Aboriginal people to communicate decisions about proposed minerals their concerns. This process requires and energy projects, including the the NLC to maintain a high level 143 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
of knowledge, skills and technical Minerals & energy exploration: part IV expertise across a number of fields, Aboriginal Land Rights Act the key elements of which involve: Under the ALRA Traditional Owners • correct identification of Traditional must give their free, prior and informed Owners, native title holders, consent, before the Northern Territory estate groups and affected people Minister for Primary Industry and for land located within an area Resources can approve the grant of of proposed development; a mineral exploration licence (EL) • effective communication of the or a petroleum exploration permit technical information related to a (EP). The NLC’s statutory obligations proposed resource development start once an exploration company project, its timeframes, commercial (proponent) lodges an application opportunities, and potential for consent to explore for minerals or environmental, social and cultural energy over Aboriginal freehold land, risks, costs and benefits; under section 41, Part IV of the ALRA. • ensuring that all relevant information These obligations remain in place is presented in an objective, until the application is either finalised unbiased and fair manner; or withdrawn. The Part IV process can result in any of the following outcomes: • negotiation of agreements suited to a specific resource project and its target a) refusal to consent to grant (after which minerals or hydrocarbon and other the tenement application is placed factors as agreed among the project into moratorium for five years); or proponents, Traditional Owners or b) partial grant and partial refusal to native title holders and the NLC; and consent to grant of a tenement; or • management of the relationships c) consent to the grant of a among the proponents, Aboriginal tenement in its entirety. people and other stakeholders which To achieve an outcome, the NLC must develop during the life of a project. first present all information relevant to A number of on-country consultations the application to Traditional Owners and other meetings relating to minerals and then determine if consent has, or and petroleum matters in the NLC has not, been given in accordance with region had to be cancelled or postponed the FPIC provisions of the ALRA. Each during the reporting year because: year, the NLC processes and manages • some proponents either deferred, a large number of applications and or did not implement, an granted tenements for both onshore exploration work program; petroleum and minerals exploration over Aboriginal freehold land. • some proponents chose not to progress their petroleum Where a tenement has been granted applications; or under Part IV of the ALRA and an exploration agreement is in place, the • of cultural reasons and NLC facilitates annual work program other external factors. 144 Our Land, Our Sea, Our Life
meetings between Traditional Owners to enter into negotiations towards and the proponent before exploration an exploration agreement; works begin. These meetings facilitate 2 On-country surveys of estate open communication between the group boundaries and sacred sites parties. Transparency is further achieved (defined sensitive areas protected through the engagement of Aboriginal under the Northern Territory cultural monitors in the conduct of the Aboriginal Sacred Sites Act). This work program and other provisions is usually done in conjunction with under NLC exploration agreements that negotiations about the contents promote employment and business of a draft exploration agreement opportunities for local Aboriginal people. applicable to the land that may be When exercising its functions under made available for exploration; the ALRA and to achieve outcomes 3 Final on-country consultations for all exploration applications to allow Traditional Owners to and related activities, the NLC consider and formally accept, or employs the following process: refuse, the exploration application 1 Initial on-country consultations to and its associated agreement; establish whether Traditional Owners 4 If an agreement is consented to, wish to refuse the application or delivery of ministerial approval,
FIGURE 31: MINERALS & ENERGY CONSULTATIONS
CONSULTATION TYPE NO. OF NO. OF PROJECTS CONSULTATIONS Tenements processed under the Aboriginal Land Rights Act Applications for Minerals and Energy Exploration Titles 30 49 Granted Minerals and Energy Exploration Titles 15 16 Committee and Working Group Meetings 2 2
Tenements processed under the Native Title Act Applications for Minerals and Energy Exploration Titles 2 9 Granted Minerals and Energy Titles 7 11 Committee and Working Group Meetings 3 5
TOTAL – ALL MINERALS AND ENERGY CONSULTATIONS 59 92
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execution of the agreement and 7 Assess and distribute financial formal notification necessary for the benefits arising from projects grant of a mineral exploration licence (granted tenements) to the Traditional or petroleum exploration permit; Owners of the project area. 5 Once the agreement has been During the reporting period, the NLC executed and the tenement is conducted 67 activities, including granted by the Northern Territory on-country consultations and audits, Government, the proponent is then related to 47 separate minerals obliged to present its proposed and energy exploration and mining exploration activities to Traditional projects (including closure and Owners at a specially convened work legacy mine-related projects) located program meeting. These meetings on land subject to the ALRA. are a contractual obligation and occur annually, although additional Backlog of mineral and energy meetings are required if significant applications and the negotiating period changes are subsequently made At the end of the 2016/17 reporting to an approved work program; period, the NLC carried a backlog 6 Facilitate Traditional Owners’ of 248 active mineral and petroleum participation in the project applications over Aboriginal freehold through engagement as cultural land under the ALRA. The majority monitors and other employment of the outstanding applications and business opportunities that were inactive and not pursued by may be available to them; and the companies concerned.
CEO Joe Morrison (left) with Jemena Managing Director Paul Adams at Jemena’s pipe storage depot near Tennant Creek, 17 February 2017. The company negotiated clearances with the NLC for a 622km gas pipeline from Phillip Creek, north of Tennant Creek, to Mr Isa.
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Minerals & energy exploration: Native 1. Convene an information and Title Act 1993 instruction meeting to advise the native title holders of the project The NLC is a Native Title Representative and its potential impacts and to Body (NTRB) under the provisions of take instructions regarding the the Native Title Act 1993 (NTA), and, negotiation of an agreement; as part of its responsibility, deals with . Negotiate an exploration agreement, applications for minerals and petroleum 2 or other actions in accordance with exploration and granted tenements on the instructions of native title holders; land over which native title applies. . On-country consultations to advise Many of the applications for minerals 3 the native title holders of the exploration licences and other minerals terms and conditions of the draft titles are considered by the Northern agreement and to take instructions Territory Government to have minimal regarding the agreement; environmental and social impact and, as such, are quickly granted under an 4. Once the agreement has been expedited procedure. In these cases, executed and the tenement an agreement is normally negotiated granted by the Northern Territory only after exploration has commenced Government, the proponent is then and then only if an economically obliged to present its proposed viable mineral deposit is discovered. exploration activities to the native title In such cases an application for a holders at a specially convened work mineral lease (ML) to develop a mine program meeting. These meetings is lodged with the Government and are a contractual obligation and the application attracts the “right to occur annually, although additional negotiate” agreement under the NTA. meetings are required if significant changes are subsequently made Applications for petroleum exploration to an approved work program; permits automatically attract the procedural right to negotiate under 5. On-country cultural surveys of sacred the NTA. Convening consultations for sites and estate group boundaries, these petroleum exploration permits combined with defined areas that poses significant logistical and other need to be protected under the challenges when it comes to conducting Northern Territory Aboriginal Sacred on-country consultations, as they Sites Act. For granted petroleum generally cover vast tracts of land in exploration permits, surveys are remote regions and involve numerous conducted annually over the native title holders and estate groups. parcels of land where exploration activities have been proposed; To achieve outcomes for all applications and related activities under the NTA, 6. Facilitate participation of the the NLC employs the following process, native title holders through similar to that where the ALRA applies: engagement as cultural monitors and other employment and business opportunities that may be available to them; and 147 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
7. Assess and distribute financial • participation in the project benefits arising from projects planning, approval and fieldwork; to the native title holders. • protection of sacred sites and other During the reporting period the NLC culturally sensitive areas during the conducted a total of 25 activities conduct of approved activities; on native title lands, including on- • local employment, business country consultations and audits, development and provision of related to 12 separate minerals and industry-specific training ; and petroleum exploration and mining projects (including closure and legacy • exploration compensation and mine-related projects) located on production royalty payments. lands where native title rights exist. Managing minerals and energy Negotiating minerals and energy agreements agreements Agreements negotiated between The NLC seeks to identify and the NLC and resource companies address Aboriginal disadvantage by are legally binding and include negotiating fair and equitable resource contractual obligations for both the exploration, development and related company and the relevant Aboriginal infrastructure agreements. Important Land Trust (administered by the NLC). features of these agreements are the Company obligations are in the form recognition of Aboriginal spirituality of commitments and the NLC is and culture, their relationship with the obligated under these agreements, on natural environment, and how they can behalf of its Aboriginal constituents, be protected from negative impacts to ensure that companies meet those should a proposal for development commitments. The NLC meets its proceed. All NLC agreements contain obligations and monitors compliance commitments to protect Aboriginal by holding annual work program culture, sacred sites, and the natural consultations, by conducting routine environment by applying existing inspections and audits of work legislation. In many instances NLC being undertaken and by seeking to agreements include commitments that address any concerns that might be go beyond legislated requirements to raised during the life of a project. better reflect leading practice standards. The NLC’s minerals and energy In addition to the factors mentioned consultations held during the reporting above, other outcomes sought from NLC year were largely related to work agreements include the development programs under existing exploration of local infrastructure, employment, and agreements for mining, oil and gas identification of sustainable business projects. Several consultations were opportunities culturally appropriate related to mine closure or legacy issues to Aboriginal people. Benefits that related to existing or abandoned mines. may flow to Aboriginal people The principal focus of these consultations from these agreements include: was to engage Traditional Owners and native title holders in cultural heritage 148 Our Land, Our Sea, Our Life
Bulgul ranger Brendan Armstrong collects data on a marine debris survey, 10 February 2017
management, exploration, planning for • the Bootu Creek manganese mine mine closures, environmental surveys near Tennant Creek, which returned to and audits of operational projects. operations in January 2017, following During the past year, the NLC 12 months in administration; successfully finalised the negotiation • the Xstrata McArthur River of two minerals and energy production mine near Borroloola, which and infrastructure agreements. These produces a complex silver-lead- were for the Gulkula Mining Company’s zinc ore and concentrate; and bauxite mine near Yirrkala and Jemena’s • the Ranger uranium mine near Northern Gas Pipeline, which links Jabiru, which has ceased mining the Northern Territory’s Amadeus gas and is preparing for rehabilitation pipeline to Mount Isa in Queensland. and closure, but continues to The Gulkula bauxite mine, Australia’s produce uranium oxide while first Aboriginal owned and operated it depletes its stockpiles. mine, is expected to become operational in mid-2017 and the gas pipeline is Over the course of the year, the planned to be commissioned in 2018. NLC continued to monitor developments and operations at Mining and minerals processing several other mines, including: Three major mines and two mineral • Gulkula bauxite mine near Yirrkala; processing plants are currently • Merlin diamond mine near Borroloola; operating in the NLC region: • Frances Creek iron ore mine • the Rio Tinto Alcan Gove mine, which near Pine Creek, currently in produces bauxite near Nhulunbuy care and maintenance; in north-east Arnhem Land; • numerous gold-producing mines near Pine Creek; 149 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
• Northern Territory Iron Ore’s iron Petroleum exploration and production ore project near Minyerri; The NLC plays an important role in • Western Desert Resources’ fostering understanding and awareness abandoned iron ore among its Aboriginal constituents about project near Ngukurr; the onshore oil and gas industry. In 2016, • Vista Gold’s Mount Todd prior to the NTG’s announcement of a gold mine, currently in care moratorium on hydraulic fracturing of and maintenance; and onshore unconventional reservoirs in the Northern Territory, the NLC facilitated • Australian Ilmenite Resources’ SIL80 a number of cross cultural activities ilmenite project near Minyerri. under existing petroleum exploration During 2016/17 the NLC, Traditional agreements and undertook a visit to Owners and native title holders also observe a hydraulic fracturing event in participated in various forums or the Beetaloo Basin. The moratorium will activities related to the closure and remain in place while a public inquiry rehabilitation of mines, including: into the environmental, social and • the development of closure criteria economic risks and impacts of hydraulic for the Ranger uranium mine through fracturing of onshore unconventional gas regular technical meetings with reservoirs and associated activities in the Energy Resources Australia (ERA), Northern Territory is being completed. ERA’s consultants and representatives Since the moratorium on hydraulic of the Northern Territory and fracturing in the Northern Territory has Commonwealth governments; been in place, all onshore petroleum • the Redbank Working Group to exploration activity (fieldwork) in the address serious environmental NLC region has ceased and, as a issues associated with the result, consultations for oil and gas former Redbank copper mine matters have been placed on hold. near Wollogorang Station; The Minerals and Energy Branch has been actively engaging with the Inquiry, • closure of the Newmont copper undertaking research related to oil and mine near Batchelor; gas exploration and production and • rehabilitation of the former developing meeting protocols and Rum Jungle uranium mine, consultation material. The aim if this also near Batchelor; and work is to increase the availability of • the ongoing rehabilitation of accurate and reliable information to the Nabarlek uranium mine near Aboriginal people in the NLC region Gunbalanya in western Arnhem Land. and further improve the quality of the NLC’s consultations related to the onshore petroleum sector.
150 Our Land, Our Sea, Our Life
FIGURE 32:PETROLEUM EXPLORATION
151 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
FIGURE 33: MINERAL EXPLORATION
152 Our Land, Our Sea, Our Life
Environmental advice and representation • Bootu Creek Manganese Mine Liaison Committee; Under the ALRA and the NTA, the NLC has a responsibility to represent and • Redbank Mine Working Group; and support Aboriginal people about matters • The AusIMM International associated with land management. Uranium Conference. This includes providing technical and The NLC also provided Traditional environmental advice about proposed Owners and native title holders with minerals and petroleum exploration environmental advice, or presented and production activities, and liaising formal submissions in response with project developers, government to the following resource industry agencies, affected Traditional developments and related inquiries: Owners and native title holders. The NLC achieves this by conducting • The Ichthys LNG Mixing its own environmental research and Zone Application; investigations, utilising its internal • The Ranger Uranium expertise, or engaging specialist Mine Closure Plan; consultants to ensure that leading • Draft Terms of Reference for the practice is observed and applied. preparation of an EIS for rehabilitation Over the course of this reporting of the former Rum Jungle Mine Site; period, the NLC represented Traditional • Northern Territory Government Owners and native title holders at the public disclosure of security various scientific and technical forums bonds for mining projects; listed below. A number of Aboriginal people (or their representative • Draft Terms of Reference for the associations) also participated on panel undertaking the Scientific some of the following committees: Inquiry into Hydraulic Fracturing of Onshore Unconventional Reservoirs • Alligator Rivers Region Technical in the Northern Territory; Committee (ARRTC); • The 2017 Scientific Inquiry into • Alligator Rivers Region Advisory Hydraulic Fracturing of Onshore Committee (ARRAC); Unconventional Reservoirs in • Ranger, Jabiluka and Nabarlek Mine the Northern Territory; Site Technical Committees (MTCs); • The Draft Environmental Impact • Ranger Uranium Mine Closure Statement for the McArthur Criteria Working Groups; River Mine Overburden • Rum Jungle Liaison Committee Management Project; and and Working Groups; • The Northern Territory Department • Woodcutters Mine Closure of Environment and Natural Liaison Committee, Resources Environmental Regulatory Reform Discussion Paper.
153 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
HISTORIC MEETING Members of the Northern and Central Land Councils met at Kalkarindgi during the week leading up to the celebrations in August to mark the fi ftieth anniversary of the Wave Hill Walk-off.
An accidental land claim Ord-Kimberley Wave Hill Walk-off Fracking inquiry: Development Plan: Anniversary: Land NLC wants changes Over-budget and Councils meet at to Terms of late Kalkarindgi Reference Page 6 Page 12 Page 4
3 17 2 1 ABORIGINAL SACRED SITES ACT: LAND RIGHTS ACT BOOK LAUNCH Saved by Corruption Investigation Nancy Williams and Jon Altman A Handful of Sand by Charlie Ward refl ect on 40 years
April 2017 Issue 2 DETENTION AND The gaps are PROTECTION OF JUVENILES ROYAL COMMISSION INTERIM REPORT: PAGES 14–17 not closing: NT WORST
Artwork: © Nick Bland 2017
Pages 4-5 Pages 6-8 Pages 20-23 FRACKING: NLC'S JON ALTMAN: INTERTIDAL ZONE: ACCESS ROYAL COMMISSION STOLEN WAGES LAND RIGHTS ACT SUBMISSION HOMELANDS LAMENT AND MANAGEMENT Call Off the Dogs Class Action RUBY ANNIVESARY A Lawyer Remembers PAGES 3-5 PAGES 9-11 PAGES 12-13
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Public awareness and education The NLC’s media unit has helped to News media assistance represent the organisation at various events, including the Garma and Barunga The media unit receives and responds festivals and the annual NAIDOC march. to a large number of enquiries from local, national and international The unit is also managing a major news media, often on subjects upgrade of the NLC’s website. beyond the NLC’s core business. This project will be completed during the next reporting year. The unit also oversees the issue of permits for news media to enter A senior vacancy in the media unit will Aboriginal lands. Permission to film be filled in the next reporting year. landscapes and interview Aboriginal community members is considered by Information resources Traditional Owners and, where these The NLC produces a range of engagements are commercial in nature, information and educational a special agreement is negotiated. resources, and also publishes Land Over the past year, no permit Rights News – Northern Edition. application has been refused. Land Rights News was first published in 1977 and is Australia’s longest-running Advertising and market research Aboriginal newspaper, and is distributed The NLC advertised during normal free to Aboriginal communities and recruitment campaigns and placed public organisations across Australia. Four notices relating to waiver of permits issues were published during the in the intertidal zone and to access to reporting year – July and October lands within the Kenbi Land Trust. 2016 and January and April 2017. No market research, polling or direct Last year, 2016, was the 40th anniversary mail activities were undertaken. of the Commonwealth Parliament’s passing the Aboriginal Land Rights (Northern Territory) Act 1976; Australia Day 2017 was the 40th anniversary of the commencement of the Act. Substantial space was devoted during the reporting year to the 40th anniversary, and to the 10th anniversary of the Northern Territory Emergency Response (the “Intervention”). Land Rights News also closely followed the progress of the Royal Commission into the Protection and Detention of Children in the Northern Territory.
155 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
Full Council meeting, Katherine, May 2017.
Good corporate standards Distribution of royalties Outcome A key NLC objective is to manage the Under the ALRA, income of receipt and disbursement of royalty $46,987,000 was generated from monies to Aboriginal people in a Aboriginal land during 2016/17. responsible and appropriate manner. Distributions have been made as per The NLC maintains a royalty trust instructions from Traditional Owners account that receives monies on in accordance with traditional decision behalf of individuals and associations making processes. A total of 5,756 royalty of Aboriginal people, and disperses payments were made during the course them in accordance with section of the financial year totaling $44,514,000. 35(2) of the ALRA. The NLC makes distributions of rents, payments and Administering Aboriginal royalties payable to Traditional Owners Land Trusts and royalty receiving associations. A key NLC objective is to Taking instructions and the distribution assist Aboriginal Land Trusts of royalties and payments is an intensive to act appropriately and in process. The primary responsibility accordance with the ALRA. for the co-ordination of meetings of Aboriginal landowners to determine Land Trusts are statutory bodies distributions lies with regional office corporate that hold title to Aboriginal staff and anthropologists. The land under the Aboriginal Land Rights NLC also assists groups to resolve Act for the benefit of the Aboriginal disputes over distributions. people concerned, including Traditional Owners and Aboriginal persons who are 156 Our Land, Our Sea, Our Life
FIGURE 34: BREAKDOWN OF ROYALTY DISTRIBUTION PAYMENTS, 2016/17
PAYMENTS $’000 Section 35(2) Statutory Royalties $16,880 Section 35(3) exploration and mining $16,883 Section 35(4) negotiated monies; rental and lease monies $10,751 TOTAL $44,514
entitled by tradition to use or occupy the Territory has always supported a land, whether or not that entitlement is large Traditional Owner population. qualified by place, time, circumstance, Demand for coastal land and sea purpose or permission. Where land access, farming development, mineral is granted in a deed of grant held in and petroleum resources, large escrow by a Land Council, a Land Trust township development and water may acquire the estates and interests of resource exploitation all confront other persons with a view of gaining the the Traditional Owner population. delivery of the title to the Land Trust. A The social, economic and cultural gap Land Trust cannot exercise its functions can cause tension within and between in relation to land except in accordance groups. In addition, issues arise with with a direction given by the NLC. regard to traditional ownership. There Land Trusts usually comprise a may be boundary disputes between Chairman and not fewer than three groups, or intra-group disputes members who hold office for periods regarding membership, or both. not exceeding five years. Land Trust The NLC’s functions include (under members are usually Traditional s25 of the ALRA, a duty to ‘attempt Owners of the land held in trust. the conciliation of disputes’: The NLC assists Land Trusts in a number Where a Land Council is informed that of ways including the secure storage there is, or there may arise, a dispute with of Deeds of Grant and Common Seals, respect to land in the area of the Council administering and negotiating leases, between persons to whom this section receiving and distributing monies such applies, the Land Council shall use its as rents and royalty payments and the best endeavours by way of conciliation resolution and management of disputes. for the settlement or prevention, as Mediation and dispute resolution the case may be, of that dispute. The NLC is also the arbiter for the A key NLC objective is to support identification of the Traditional Owners. Traditional Owners and attempt to conciliate disputes. With its abundant natural resources, the Top End of the Northern 157 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
NLC staff join the NAIDOC march through Darwin CBD, 8 July 2016.
Corporate governance approach A key NLC objective is to be Insurance premiums for officers accountable, transparent and open in all corporate dealings, and to operate with No indemnity against liability has been integrity, leadership and commitment. given by agreement or other means to a current or former member of staff. The enabling legislation of the NLC is Comcover provides general liability the Aboriginal Land Rights (Northern and professional indemnity insurance Territory) Act 1976. The responsible for NLC directors and officers and legal Minister for the 2016/17 reporting period practitioners are covered by compulsory is Senator the Hon. Nigel Scullion, professional indemnity as required by Minister for Indigenous Affairs. the Northern Territory Law Society. The performance of Directors is informally reviewed by their Risk management and ethics peers. NLC staff provide corporate NLC members are responsible for setting governance support, advice and the policy and oversight of the risk training, when required. management framework that integrates the process for managing risk into the Exemptions granted by Finance Minister organisations governance, strategic No exemptions were granted by planning, management, reporting the Finance Minister in regard to processes, policies, and organisational reporting requirements in 2016/17. culture to comply with the Australian/ New Zealand Risk Management Standard (AS/ANZ ISO 31000:2009). The Leadership Group, including the
158 Our Land, Our Sea, Our Life
Chief Executive Officer, is responsible workplaces include an office environment for ensuring that management systems, and/or remote field environments. processes and controls are in place Each staff member is made aware of to minimise risks and impacts to the and has access to the Staff Code of organisation’s strategic objectives Conduct on commencement, via the and desired operational outcomes. intranet and during reviews. Similarly, The Audit Committee is responsible for the Full Council members receive an monitoring financial risk, compliance induction and copy of the handbook, and financial performance in conjunction as well as a clear understanding of with the Leadership Group. The risk appropriate and acceptable behaviour. management framework is an evolving document and has been updated along Related entity transactions with the 2016–2020 Strategic Plan. The There were no payments for a good Audit Committee Charter sets out the or service from another entity, or role and purpose of the Audit Committee grants provided to another entity who also act as an advisory body on the during the period. There were no operational and financial management loans or grants made to directors controls and reporting responsibilities or director-related entities. of the organisation, oversee internal and external audit functions, and provide Freedom of information independent and objective assurance NLC is exempt from reporting under that the systems, processes and risk the Freedom of Information Act 1982. management strategies of the NLC are robust and comply with acceptable Consultants expenditure standards and government requirements. During the reporting period, the NLC During 2016/17, the Audit Committee engaged consultants to do work in was independently chaired by relation to the Council’s functions Mr Jon Webster, and attended and exercise of powers under the by three independent members Aboriginal Land Rights (Northern and two Council members. Territory) Act 1976, as required under The Chief Financial Officer attends s.37(8) (see figure 35, next page). Audit Committee meetings, but is not a member of the committee. The Information communication and Australian National Audit Office (ANAO) technology and HLB Mann Judd on behalf of the A major review of Information ANAO have a standing invitation to Communication and Technology attend all Audit Committee meetings. was undertaken in 2016/17 by EY The NLC’s Code of Conduct Policy Consulting. The review identified and Council Members Handbook areas for improvement and provided outline ethical behaviour standards at recommendations which would deliver both personal and professional levels savings, efficiencies and increased expected within the workplace. The NLC productivity through modern and
159 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
FIGURE 35: CONSULTANTS EXPENDITURE
CONSULTANTS EXPENDITURE GREATER THAN $25,000 TOTAL
Consultants – Legal K&L Gates $50,428.09 Glacken, Sturt- (A J Dever Pty Ltd ) $367,716.35 Graeme Hill $42,545.45 Howell's List Barristers Pty Ltd $48,522.73 Justin Edwards $43,778.80 Keely T.P. $89,359.77 List G Barristers $30,950.00 Megan Eliza Brayne $33,300.96 Mr Peter Willis $32,136.80 Stephen Walsh, QC $27,000.00
Subtotal $765,738.95 Consultants – Aboriginal GUNDJEIHMI ABORIGINAL CORPORATION $84,283.00 NAILSMA LTD $39,972.00
Subtotal $124,255.00 Consultants – Anthropologists Anthropos Consulting $45,272.73 Australian National University $42,045.45 Bennetts Anthropological Consultancies $43,933.31 Culture And Heritage $87,060.00 Environmental And Cultural Services $80,850.00 Garde, Murray $33,522.73 Gareth David James Lewis $63,750.00 Gay English Consulting $140,841.87 Jitendra Kumarage $40,506.35 Toni Bauman $77,363.64 Walter Zukowski $65,267.89
Subtotal $720,413.97
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Consultants – Other Cardno (Nt) Pty Ltd $49,296.35 Centrefarm/Topendfarm $30,525.45 Ernst & Young $120,000.00 Frontier Software Pty Ltd $49,495.50 Ghd Pty Ltd $40,748.62 Hortensia Masero $41,200.00 Ots Management Pty Ltd $48,041.12 Troppo Architects $92,340.25
Subtotal $471,647.29 TOTAL $2,082,055.21 reliable systems. A detailed roadmap including ranger outposts that to implement the recommendations require maintenance. has been established, with many A comprehensive review of the motor recommendations implemented in vehicle fleet was undertaken during 2016/17, while other longer-term changes the 2015/16. The purpose of the review are planned over the next 1-3 years. was to provide recommendations Key ICT initiatives implemented in for change with a focus on: 2016/17 include the restructure of the ICT • cost savings section, internal network upgrade, data centre migration, email migration and • maintaining a modern, an updated video conferencing system. efficient and safe fleet • Work Health and Safety commitments Fleet and property management • identifying current and future The NLC maintains a fleet of more than vehicle requirements. 100 vehicles including a range of four It is expected the outcomes and wheel drives, sedans, trailers and buses. recommendations of the review will be The ranger program requires specialised known in the first quarter of 2017/18. vehicles like quad bikes and boats. The entire fleet is licensed and maintained to Environmental performance roadworthy and safe standards. The fleet is funded from several sources including The principles of ecologically sustainable ABA, native title or grant funding. All development are considered in the 4wd fleet vehicles are appropriately key objectives of the NLC’s Corporate fitted out to operate both locally and and Strategic Plans and are addressed remotely and in harsh environments. throughout consultations and negotiations of land use proposals. In The NLC occupies a number of particular, the economic, environmental, remote offices and other property 161 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
cultural and political impacts are Enterprise Agreement Committee 2016 considered during all decision- making process. This includes the Management precautionary principle, and monitoring Joe Morrison and compliance of environmental Joe Valenti impacts on natural and cultural resources of exploration and mining. Kathryn Laferla Chamber of Commerce (NT) Committees CPSU and Staff Enterprise Agreement Committee Tamara Cole The NLC Enterprise Agreement 2011 Rebecca Hughes (Part year) expired on 1 July 2013 and negotiations between employee representatives, Rebecca Sirilas (Part year) Community and Public Sector Union Crag Cartling (Part year) and NLC Management commenced Kirsty Kassman on 18 June 2013. The NLC was in caretaker mode, with an acting CEO, to Shannon Oconnell February 2014 which stalled progress Pam Wickham on the Agreement. As at April 2015, CPSU representative the Enterprise Agreement document was in its final draft, but due to advice Audit Committee from the Minister, the process was The NLC has an Audit Committee put on hold. Early 2016 negotiations in compliance with section 45 of the recommenced and are on-going. Public Governance, Performance and Accountability Act 2013 (PGPA Act) and PGPA Rule section 17 Audit Committee for Commonwealth Entities.
FIGURE 37: AUDIT COMMITTEE ATTENDANCE
NAME MEETINGS MEETINGS HELD ATTENDED Jon Webster (Independent Chair) 4 4 Angela Shima (Non Executive Member) 4 3 Aswin Kumar (Non Executive Member) 4 3 John Christophersen (NLC – Executive Member) 1 0 Helen Lee (NLC – Executive Member) 1 1 Linda Fletcher ( NLC Member) 3 2 Wayne Wauchope (NLC Member) 3 1
162 Our Land, Our Sea, Our Life
Waanya/Garawa rangers Casey Davey and Jack Green do small engine training at Borroloola.
The Audit Committee plays a committee is operating effectively under key role in assisting the Council the legislative guidelines contained in the in respect of financial reporting, Act. The committee has been engaged performance reporting, risk with the introduction of new policies oversight and management, and procedures required under statutory internal control and compliance obligations. The committee has provided with relevant laws and policies. timely advice to the CEO on WHS The functions of the audit committee matters and is focused on improving the include assisting the Council, safety standards for all NLC employees management and the Accountable to ensure a safe workplace and to be Authority to comply with obligations compliant under the legislation. under the PGPA Act, providing a forum Work Health and Safety Committee members: for communication between the Council, leadership group and external auditors. Joe Valenti (Chair) Greg McDonald Work Health and Safety Committee Kirsty Kassman The WHS committee has nine members including the WHS co-ordinator and Jeffrey Yoelu WHS officer who were seconded Andrew Thomas to the committee. The committee Kathryn Laferla is active and meets regularly. Ian Amy The role and responsibilities of the committee are articulated in the Work Hidayat Nurslanis Health Safety Act 2011 and the current Don Couzens 163 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
Arafura rangers on fisheries patrol, November 2016
Work, health and safety compliance with the legislation. Initiatives • Networking with WHS organisations such as the Safety Institute NLC continued to work on self- and National Safety Council improvement initiatives during the past to ensure best practice year to ensure the health, safety and • Self-auditing in addition to welfare of all workers and stakeholders. compliance audits by external • WHS committee meets every 3 regulators continues. months and provides valuable WHS • All NLC buildings were inspected information. A recent ANAO audit during the year to monitor confirmed the WHS committee compliance with WHS requirements. was working effectively; Shortfalls were addressed and • Test & tagging of all electrical remedial actions undertaken. appliances has been conducted • Worker wellbeing initiatives have to AS/NZS 3701 standards; been introduced and will continue • Development and implementation for the coming year. NLC had of WHS policies, procedures and formed a partnership with the Heart safe working practices continues Foundation to introduce a program and a number of new policies were to improve the general health of all implemented during the year; workers. Other initiatives being put • Networking with Comcare in place include mental health first and NT Worksafe to ensure aid and a quit smoking campaign.
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Outcomes Trends: Injuries: NLC experienced low Motor vehicle accidents are the main workplace injury rates and minimal cause of incident reports, representing work days lost due to workplace injuries 40% of all reported incidents. There .There were no serious accidents were no serious injuries and most of the that resulted in hospitalisation. accidents were minor. This is a good • Injuries requiring time off work: 3 outcome considering the number of kilometres travelled and the topography • Injuries requiring no time off work: 5 that vehicles are required to work in. • Total lost time due to injury: 52 days Workers Compensation: There was one Complaints handling ongoing worker compensation case The Executive Branch leads the and one new case during the year. The management of complaint policy and ongoing case was the reason for the procedures by adhering to the NLC’s majority of the 52 days lost time for corporate governance principles injury. This case has been resolved. The of accountability, transparency and other compensation case is ongoing with openness, integrity, leadership the worker on restricted work hours. and commitment. In 2015, a formal Worker Welfare: NLC provides access process was introduced to track to an Employee Assistance Program complaints by centrally registering for confidential counselling and complaints, investigating and mediation. The service provided 99 responding within a timely manner. counselling sessions for 39 workers During this financial reporting in the year. This represented a rise in period there were 21 complaints the number of both workers attending registered, the following table and counselling sessions provided. provides a breakdown by type: Notifiable Incidents: The figures and breakdown on page 166 reflect external written complaints NLC is required to inform the regulator lodged by an individual(s) or from Comcare when a notifiable incident individuals who have approached the occurs within the workplace. There were Commonwealth Ombudsman, Fair Work no notifiable incidents during the year. Ombudsman, or the Department of the Prime Minister and Cabinet to investigate Audits/Investigations: matters. This report does not include The WHS deficiencies identified in the complaints against council members, Comcare investigation in June 2016 internal staff matters or illegal entry were addressed and remedial actions onto Aboriginal land as they are dealt were carried out to the satisfaction with through different mechanisms. of Comcare and no further action is An analysis of the types of complaints required. The ANAO audit reported recorded reflects the diversity, needs positive outcomes in the area of WHS. and interests of our constituents, with a number questioning the functions of the NLC, recognition of traditional 165 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
FIGURE 38: COMPLAINTS HANDLING
SOURCE ALLEGATIONS CLOSED IN PROGRESS External Traditional Ownership Recognition 2 1 Traditional Ownership Recognition & Royalty Native Title Recognition 1 Native Title Recognition & Royalty 2 1 Consultation & Negotiation Process 1 Staff Member and or Traditional 2 2 Owner Behaviour Access to Aboriginal Land 1 Traditional Ownership Mediation (Legal) 1
Commonwealth Traditional Ownership Recognition 2 Ombudsman Traditional Ownership/Native Title 2 1 Recognition & Royalty Entitlement Royalty Distribution Delays 1 Grievance & Native Title 1 Consultation Processes
TOTAL 14 7 ownership or native title claimant to handling the matters raised by status and related royalty enquiries. complainants, five investigations were The complexity and sensitivity of these subsequently closed. The remaining complaints require a co-ordinated investigations were lodged close to response across branches including the the end of the reporting period and Executive, Legal, Anthropology and will be completed in early July 2017. Regional Development branches. The following case study demonstrates The NLC has complied with s8 of the historical displacement from kin and the Commonwealth Ombudsman country, the complexity and time required Act by responding within legislative to completely validate traditional timeframes, with the exception of an ownership enquiries/complaints. approved extension over the Christmas/ After 20 years of enquiries, face-to- New Year holiday period. During this face and phone conversations with reporting period the Commonwealth NLC anthropologists attempting Ombudsman investigated seven to piece together her ancestry and claims about NLC’s processes, service family tree, a complainant pursued her delivery and or conduct. Satisfied with concerns through the Commonwealth the NLC’s response and/or approach 166 Our Land, Our Sea, Our Life
Ombudsman in January 2017. Essentially to better analyse and report trends the complaint was about the NLC’s lack to manage risks more effectively, of response and finally resolving her along with regular review of the policy status as a traditional Aboriginal owner and procedures, are contemplated. to certain country. Resolution for the Implementing and communicating this complainant, and the NLC, has taken approach, along with the professional many years and the opportunity and development of the responsible officer resources to validate the complainant’s for handling the grievance process are status arose through the native title expected to assist the organisation in claim process in April 2017. The lack upholding its reputation and credibility of written evidence to assist oral with constituents and stakeholders. Aboriginal histories has compounded The organisation has been somewhat the frustration in identifying the constrained by adequate human and complainant’s family and country. The financial resources across the branches investigation confirmed the complainant and time restraints to work intensively on did in fact have an interest in two grievances involving a broad spectrum native title claimant groups but not of matters – e.g., long running intra- the original clan group that she had family/clan traditional owner disputes, pursued for more than 10 years. dissatisfaction with processes and As suggested by the Australian National conduct, or simply misinformation. Audit Office, future improvements to the organisation’s information technology
Kenbi ranger Dale Singh finds a native mouse, Grassland Melomys, during a biodiversity survey on Indian Island at the entrance to Bynoe Harbour.
167 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
NLC staff profile 2016/17
FIGURE 38: STAFF, BY BRANCH INDIGENEITY
BRANCHES POSITIONS ATSI Secretariat 12 3 Corporate Services 40 18 Minerals & Energy 10 3 Regional Development 40 26 Caring for Country 75 59 WOC 8 4 ILC 8 7 Anthropology 23 7 Legal 17 2
TOTALS 233 129
FIGURE 39: STAFF NUMBERS 2008/09–2016/17
300
250
200
150
100
50
0 200 /0 200 /10 2010/11 2011/12 2012/13 2013/014 2014/15 2015/16 2016/17
STAFF EMPLOYED INDIGENOUS STAFF
168 Our Land, Our Sea, Our Life
Beswick Falls, Glenn Campbell 169 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
Delegations The 115th meeting of the Full Council at of meetings of the NLC and the Katherine in May resolved to regularise procedure for the conduct of the NLC’s instrument of delegation. such meetings under Section The Full Council revoked previous 31(7) of the Land Rights Act; resolutions relating to the delegation (h) the power to appoint members to of its powers under the Aboriginal Land the committees of NLC to assist Rights (Northern Territory) Act 1976, and the NLC to fulfil its functions and to exercised its power under section 28 to give directions about the meeting delegate its powers as set out below. procedures of such committees under Section 29A of the Land Rights Act; Non-delegated powers under the Land (i) the power to enter into mining Rights Act agreements under section 48(D) The following powers under the (1) of the Land Rights Act; Land Rights Act are not delegated (j) the power to enter into exploration by the Full Council of the NLC: or mining agreements on land (a) the power to direct a Land Trust under claim under Section 48A to grant a lease of a township to of the Land Rights Act; and an approved entity under section (k) the power to employ staff 19A of the Land Rights Act; other than in accordance (b) those powers that cannot be with clause 10; (together, the delegated under Section 28(2) Non-Delegated Powers). of the Land Rights Act; Delegation of powers to the (c) the power to elect members of the Account Advisory Committee under Executive Council Section 65 of the Land Rights Act; The Full Council of the NLC (d) the power to request the Minister delegates to the Executive Council to vary the method or methods of the NLC all of its powers under of choice for choosing members the Land Rights Act other than: of the NLC under Section 29(1) (a) the Non-Delegated Powers; and of the Land Rights Act; (b) the power to direct a Land Trust (e) the power, with the approval of the to grant, transfer or surrender any Minister, to co-opt up to 5 additional estate or interest in respect of land members of the NLC under Section under section 19 of the Land Rights 29(2) of the Land Rights Act; Act where the grant, transfer or (f) the power to elect the Chairman and surrender by the Land Trust concerns Deputy Chairman of the NLC under an estate or interest in Aboriginal Section 30 of the Land Rights Act; land under an agreement or agreements that will have effect for (g) the power to make rules providing a period that exceeds, or the period for and in relation to the convening that together exceed, 40 years. 170 Our Land, Our Sea, Our Life
Delegation of powers to the CEO Delegation of powers to The Full Council of the NLC delegates Regional Councils to the Chief Executive Officer of the The Full Council of the NLC delegates NLC (CEO of the NLC) all of its powers to each Regional Council of the NLC, under the Land Rights Act other than: in respect of land within its region and (a) the Non-Delegated Powers; adjacent seas, the power to direct a (b) the power to direct a Land Trust to Land Trust to grant, transfer or surrender grant, transfer or surrender any estate any estate or interest in respect of land or interest in respect of land under under Section 19 of the Land Rights Act Section 19 of the Land Rights Act where the grant, transfer or surrender where the grant, transfer or surrender by the Land Trust concerns an estate by the Land Trust concerns an estate or interest in Aboriginal land under or interest in Aboriginal land under an agreement or agreements other an agreement or agreements: than an agreement or agreements: (i) that will have effect for a period (a) that will have effect for a period that exceeds, or the period that that exceeds, or the period that together exceed, 2 years; together exceed, 5 years; and (ii) requires the consent of (b) will, or is likely to, involve the Minister under the the payment or receipt of an Land Rights Act; or amount exceeding $250,000. (iii)will, or is likely to, involve the Delegation of powers of employment payment or receipt of an The Full Council of the NLC delegates to: amount exceeding $1,000,000; (a) the Executive Council of the (c) the power to consent to the grant of NLC, the power to employ, and exploration licences under Sections terminate the employment of, the 40 and 42(1)(a) of the Land Rights Act; CEO of the NLC, and determine (d) the power to enter into an agreement the terms and conditions of under Section 40 of the Land Rights his or her employment; and Act to which the grant of exploration (b) the CEO of the NLC, the power licences will be subject; and to employ (after receiving (e) the power to enter into mining recommendations from the agreements under Sections manager of the branch in which 45(a) of the Land Rights Act. the person is to be employed), and terminate the employment of, all staff of NLC and engage consultants and determine the terms and conditions of their employment and engagement.
171 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
Fannie Bay 172 Our Land, Our Sea, Our Life
Annual Performance Statement 1.0 INTRODUCTORY STATEMENT • To consult with traditional Aboriginal owners of, and other Aboriginals We, Samuel Bush-Blanasi and Joe interested in, Aboriginal land in Morrison as the Accountable Authority the area of the Land Council with of the Northern Land Council (NLC), respect to any proposal relating present the 2016/17 annual performance to the use of that land; and statements of the Northern Land Council, as required under paragraph 39(1)(a) of • Where the Land Council holds in the Public Governance, Performance and escrow a deed of grant of land made Accountability Act 2013 (PGPA Act). In to a Land Trust under section 12: our opinion, these annual performance - To negotiate with persons statements are based on properly having estates or interests in maintained records, accurately reflect the that land with a view to the performance of the entity, and comply acquisition of those estates or with subsection 39(2) of the PGPA Act. interests by the Land Trust; and 2.0 ENTITY PURPOSE - Until those estates or interests have been so acquired, to negotiate The purposes of the NLC over the with those persons with a view next four years are prescribed by the to the use by Aboriginals of Aboriginal Land Rights (Northern the land in such manner as may Territory) Act 1976 (ALRA) and the be agreed between the land Native Title Act 1993 (NTA). Council and those persons; and Our responsibilities under the Aboriginal • To negotiate with persons desiring Land Rights (Northern Territory) Act to obtain an estate or interest in land 1976 are as laid out in Section 23(1): in the area of the Land Council: • To ascertain and express the wishes - where the land is held by a Land and the opinion of Aboriginals living Trust - on behalf of traditional in the area of the Land Council as to Aboriginal owners (if any) of that the management of Aboriginal land land and of any other Aboriginals in that area and as to appropriate interested in the land; and legislation concerning that land; and - where the land is the subject • To protect the interests of traditional of an application referred to in Aboriginal owners of, and other subsection 50(1)(a) - on behalf Aboriginal interests in, Aboriginal land of the traditional Aboriginal in the area of the Land Council; and owners of that land or on • To assist Aboriginals in the taking behalf of any other Aboriginals of measures likely to assist in the interested in the land; and protection of sacred sites on land (whether or not Aboriginal land) in the area of the Land Council; and 173 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
• To assist Aboriginals in the area • To supervise, and provide of the Land Council to carry out administrative or other assistance for, commercial activities (including Land Trusts holding, or established resource development, the provision to hold, Aboriginal land in its area. of tourist facilities and agricultural Our responsibilities as a Native Title activities) in any manner that will Representative Body under Section not cause the Land Council to 203B(1) of the Native Title Act 1993 are:- incur financial liability or enable it to receive financial benefit; and • the facilitation and assistance functions referred to in section 203BB; • For land that is a community living area and in the area of the • the certification functions Land Council - to assist the owner referred to in section 203BE; of the land, if requested to do • the dispute resolution functions so, in relation to any dealings in referred to in section 203BF; the land (including assistance in • the notification functions negotiating leases of, or other grants referred to in section 203BG; of interests in, the land); and • the agreement making function • To assist Aboriginals claiming to referred to in section 203BH; have a traditional land claim to an area of land within the area of • the internal review functions the Land Council in pursuing the referred to in section 203BI; and claim, in particular, by arranging • the functions referred to in for legal assistance for them at the section 203BJ and such other expense of the Land Council; and functions as are conferred on • To negotiate, and enter into representative bodies by that Act. agreements, as necessary, for the Our purposes as described above purposes of subsection 70(4); and are added to by our Vision and • To compile and keep: Values, which have been provided to us as our stakeholder mandate. - a register recording the names of the members of the Land Council; and - a register recording the names of the members of the Land Trusts holding, or established to hold, Aboriginal land in its area and descriptions of each area of such Aboriginal land; and
174 Our Land, Our Sea, Our Life
FIGURE 40: PERFORMANCE RESULTS
PERFORMANCE CRITERION CRITERION RESULT AGAINST PERFORMANCE SOURCE CRITERION Through the management of Corporate • 6.5% of remaining ALRA claims have the available capacity, continue Plan been settled and awaiting final approval. the prosecution of Land Rights • NLC has complied with the claims, and the court schedule Federal Court’s orders in respect of Native Title claims. of all native title claims. Through the management of • Total of 634 EOIs (Expressions available capacity, consult with of Interest by parcel of land) for Traditional Owners and negotiate 2016/17, of which 361 were finalised, Land Use Agreements and giving a completion rate of 57%. other commercial agreements. Provide policy and advocacy for cultural integrity and protection of intellectual and cultural rights. Resource the Legal and Corporate • Additional budget funding made Anthropology Branches Plan available to increase capacity in the (subject to budget) to provide prosecution of the NLC’s responsibilities capacity in Human Resources under the ALRA and NTA. and systems so that the legislative responsibilities can be prosecuted efficiently and in a timely manner. GRAPH 1.4: FIGURES SHOWING XXX XXXXX Update GIS Mapping Corporate • Upgrade to the GIS software toolkit. capabilities. Plan • Significant workflows were developed to manage important corporate datasets in line with NLC operational procedures.
175 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
FIGURE 40: PERFORMANCE RESULTS (CONT.)
PERFORMANCE CRITERION CRITERION RESULT AGAINST PERFORMANCE SOURCE CRITERION Create a Community Planning Corporate • Community Planning and and Development Unit to assist Plan Development Unit established. and facilitate Traditional Owners’ • Operational funding secured access to resources in order and 3 FTE staff (a Manager and to economically and socially 2 CP&D Officers) recruited. develop their own groups, and to support Aboriginal • An organisational CP&D Framework Corporations and Associations prepared and endorsed by the in their development. Full Council of the NLC. Develop and promote an • CP&D model tested in 5 locations “economic prospectus” for the with 2 Aboriginal groups already region, identifying the demand, making funding allocations to social capability and opportunities and economic initiatives planned for Traditional Owners to under the program through local participate in economic decision-making processes. development on their lands. Strengthen the capabilities Corporate • Funding for review was not approved of Ranger Groups through Plan as part of ABA supplementary training and capacity building. bid. An abridged review has been Continual improvement of approved and is now underway. operations of Ranger groups, • IPA and Ranger group activities management activities of IPAs for 2016/17 have been completed and jointly managed parks. and meet necessary standards. Develop and implement Corporate • Contract let for new NLC website: a communications and Plan work to be completed by end 2017. public relations plan. • New media job advertised. Organise events, and prepare • Four issues of LRN (Northern resources and publications, Edition) published. publish the Land Rights News quarterly; develop a • Press releases published, and program of media releases frequent responses made to and press conferences news media enquiries. around issues of the day. • APONT membership sustained, Maintain the alliance with and regular liaison maintained with Aboriginal Peak Organisations other institutions, including AAPA. Northern Territory (APO NT). Regularly liaise with Aboriginal Areas Protection Authority and other institutions.
176 Our Land, Our Sea, Our Life
FIGURE 40: PERFORMANCE RESULTS (CONT.)
PERFORMANCE CRITERION CRITERION RESULT AGAINST PERFORMANCE SOURCE CRITERION Develop, implement, and Corporate • Annual Financial Statements prepared, continually improve policies Plan submitted and published on time. and procedures that will • 22 policies approved and implemented strengthen the governance within the 2016/17 period. and management of the organisation, so that NLC operates in accordance with best practice principles and meets all statutory reporting obligations in order to provide its Aboriginal constituents with responsive, transparent governance and administration.
Analysis The Northern Land Council continued increased productivity through modern to implement reforms in 2016/17 to and reliable systems. Many of the strengthen, improve and increase recommendations were implemented efficiency through a review and upgrade during 2016/17. There have been of systems, policies and processes. major upgrades to the NLC’s corporate The 2016/17 ANAO Performance audit systems, in particular the financial system acknowledged these reforms,citing: and information management system. “…progress (has been) achieved in A new human resource system was also corporate planning and reporting, implemented during the period. There financial reporting and internal has been a focus to review, update and governance through the operations of approve internal policy and procedures, an Audit Committee. Other reforms, with 22 policies being approved in the including human resources and records 2016/17 period. The NLC fulfilled its management, are well underway with commitment to establish a Community an overhaul of the council’s information Planning and Development Unit, with the and communications technology unit being operational as of July 2016. systems in the early stages”. The Northern Land Council’s purposes, The major review of information, activities and the environment in technology and communications had which it operates did not change taken place in 2016/17. The review significantly in the reporting period to identified areas for improvement and materially impact its performance. provided recommendations which would deliver savings, efficiencies and
177 PART 4A
Yellow Water, Kakadu 178 Our Land, Our Sea, Our Life
Annual Financial Statement 2016/17
Public Governance, Performance and Accountability Act 2013 Table of Contents Auditor’s report 180 Note 10: Employee Provisions 206 Statement by the Accountable Authority Note 11: Contingent Assets and Chief Financial officer 182 and Liabilities 207 Statement of Comprehensive Income 183 Note 12: Related Party Disclosures 208 Statement of Financial Position 184 Note 13: Key Management Personnel Remuneration 209 Statement of Changes in Equity 185 Note 14: Remuneration of Auditors 209 Cash Flow Statement 186 Note 15: Financial Instruments 210 Note 1: Summary of Significant Accounting Policies 187 Note 16: Royalty Assets Held in Trust Account 211 Note 2: Events after the Note 17A: ABA - Special Purpose Grant: Funeral Reporting Period 192 and Ceremonial Activities 213 Note 3: Expenses 192 Note 17B: ABA-Capital Works 214 Note 4: Own Source Income 194 Note 17C: ABA - Construct a Cultural Display Tjuwaliyn (Douglas) Hot Springs 215 Note 5: Income tax expense (Competitive neutrality) 197 Note 6: Financial Assets 198 Note 7: Non-Financial Assets 200 Note 8: Payables 205 Note 9: Unearned Revenue 206
179 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
AUDITOR’S REPORT
INDE ENDENT AUDITOR S RE ORT To the Minister for In igeno s Affairs O inion In my opinion, the financial statements of the Northern Land Council for the year ended 30 June 2017: (a) comply with Australian Accounting Standards - Reduced Disclosure Requirements and the Public Governance, Performance and Accountability (Financial Reporting) Rule 2015; and (b) present fairly the financial position of the Northern Land Council as at 30 June 2017 and its financial performance and cash flows for the year then ended. The financial statements of the Northern Land Council, which I have audited, comprise the following statements as at 30 June 2017 and for the year then ended: • Statement by the Accountable Authority and Chief Financial Officer; • Statement of Comprehensive Income; • Statement of Financial Position; • Statement of Changes in Equity; • Cash Flow Statement; and • Notes to the financial statements, comprising a Summary of Significant Accounting Policies and other explanatory information. Basis for O inion I conducted my audit in accordance with the Australian National Audit Office Auditing Standards, which incorporate the Australian Auditing Standards. My responsibilities under those standards are further described in the Auditor’s Responsibilities for the Audit of the Financial Statements section of my report. I am independent of the Northern Land Council in accordance with the relevant ethical requirements for financial statement audits conducted by the Auditor-General and his delegates. These include the relevant independence requirements of the Accounting Professional and Ethical Standards Board’s APES 110 Code of Ethics for Professional Accountants to the extent that they are not in conflict with the Auditor-General Act 1997 (the Code). I have also fulfilled my other responsibilities in accordance with the Code. I believe that the audit evidence I have obtained is sufficient and appropriate to provide a basis for my opinion. Acco ntable A thority s Res onsibility for the inancial Statements As the Accountable Authorities of the Northern Land Council the Chairman and Chief Executive Officer are responsible under the Public Governance, Performance and Accountability Act 2013 for the preparation and fair presentation of annual financial statements that comply with Australian Accounting Standards – Reduced Disclosure Requirements and the rules made under that Act. The Chairman and Chief Executive Officer are also responsible for such internal control as the Chairman and Chief Executive Officer determine are necessary to enable the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. In preparing the financial statements, the Chairman and Chief Executive Officer are responsible for assessing the Northern Land Council’s ability to continue as a going concern, taking into account whether the entity’s operations will cease as a result of an administrative restructure or for any other reason. The Chairman and Chief Executive Officer are also responsible for disclosing matters related to going concern as applicable and using the going concern basis of accounting unless the assessment indicates that it is not appropriate. A itor s Res onsibilities for the A it of the inancial Statements My objective is to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes my opinion. Reasonable assurance is a high level of assurance, but is not a guarantee that an audit conducted in accordance with the Australian National Audit Office Auditing Standards will always detect a material misstatement when
GPO Box CANBERRA ACT 2 National Circuit BARTON ACT Phone ( 2) 2 Fax ( 2) 2
180 Our Land, Our Sea, Our Life
it exists. Misstatements can arise from fraud or error and are considered material if, individually or in the aggregate, they could reasonably be expected to influence the economic decisions of users taken on the basis of the financial statements. As part of an audit in accordance with the Australian National Audit Office Auditing Standards, I exercise professional judgement and maintain professional scepticism throughout the audit. I also: • identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, design and perform audit procedures responsive to those risks, and obtain audit evidence that is sufficient and appropriate to provide a basis for my opinion. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control; • obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity’s internal control; • evaluate the appropriateness of accounting policies used and the reasonableness of accounting estimates and related disclosures made by the Accountable Authorities; • conclude on the appropriateness of the Accountable Authority’s use of the going concern basis of accounting and, based on the audit evidence obtained, whether a material uncertainty exists related to events or conditions that may cast significant doubt on the entity’s ability to continue as a going concern. If I conclude that a material uncertainty exists, I am required to draw attention in my auditor’s report to the related disclosures in the financial statements or, if such disclosures are inadequate, to modify my opinion. My conclusions are based on the audit evidence obtained up to the date of my auditor’s report. However, future events or conditions may cause the entity to cease to continue as a going concern; and • evaluate the overall presentation, structure and content of the financial statements, including the disclosures, and whether the financial statements represent the underlying transactions and events in a manner that achieves fair presentation. I communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit and significant audit findings, including any significant deficiencies in internal control that I identify during my audit.
Australian National Audit Office
Jodi George Acting Executive Director Delegate of the Auditor-General Canberra 20 September 2017
181 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
STATEMENT BY THE ACCOUNTABLE AUTHORITIES AND CHIEF FINANCIAL OFFICER
In our opinion, the attached financial statements for the year ended 30 June 2017 comply with subsection 42(2) of thePublic Governance, Performance and Accountability Act 2013 (PGPA Act), and are based on properly maintained financial records as per subsection 41(2) of the PGPA Act. In our opinion, at the date of this statement, there are reasonable grounds to believe that the Northern Land Council will be able to pay its debts as and when they fall due. This statement is made in accordance with a resolution of the directors.
SAMUEL BUSH-BLANASI JOE MORRISON Chairman / Accountable Authority Chief Executive Officer / Accountable Authority
JOE VALENTI Chief Financial Officer
20 September 2017
182 Our Land, Our Sea, Our Life
STATEMENT OF COMPREHENSIVE INCOME for the year ended 30 June 2017
NET COST OF SERVICES NOTES 2017 2016 $’000 $’000 EXPENSES Employee benefits 3A 21,199 21,563 Suppliers 3B 18,567 16,716 Depreciation 3C 974 1,000 Write-down and impairment of assets 3D 74 264 Loss on disposal of assets 3E 50 102
Total Expenses 40,864 39,645 OWN-SOURCE INCOME Own-source revenue Sale of goods and rendering of services 4A 3,385 2,467 Interest 4B 210 232
Total own-source revenue 3,596 2,699 Gains Gain from sale of assets 4C - 10 Reversals of previous asset write- 4D 751 374 downs and impairments
Total gains 751 384 Total own-source income 4,347 3,083 Net cost of services 36,517 36,562 Revenue from Government- PM&C 4E 5,045 7,560 Revenue from ABA s64 (1) 4F 21,438 20,203 Revenue from Government-Special 4G 10,831 8,749 Purpose Grant
Total revenue from Government 37,314 36,513 Surplus / (Deficit) attributable to 796 (49) the Australian Government Other Comprehensive Income Change in asset revaluation surplus 7A 1,042 - Total Other Comprehensive Income 1,042 - Total comprehensive income / (loss) 1,838 (49) attributable to the Australian Government The above statement should be read in conjunction with the accompanying notes. 183 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
Statement of Financial Position as at 30 June 2017
NOTES 2017 2016 $’000 $’000 ASSETS Financial Assets Cash and cash equivalents 6A 16,549 7,354 Trade and other receivables 6B 245 851
TOTAL FINANCIAL ASSETS 16,794 8,205
Non-Financial Assets Land and buildings 7A 4,340 4,159 Property, plant and equipment 7A 4,574 3,282 Other non-financial assets 7B 259 303
Total non-financial assets 9,173 7,744 TOTAL ASSETS 25,967 15,949
LIABILITIES Payables Suppliers 8A 1,111 2,252 Other payables 8B 736 449
TOTAL PAYABLES 1,847 2,701
Unearned Revenue Advance Payments 9 9,708 728
TOTAL UNEARNED REVENUE 9,708 728
Provisions Employee provisions 10 3,241 3,191
Total provisions 3,241 3,191 TOTAL LIABILITIES 14,796 6,620
184 Our Land, Our Sea, Our Life
NET ASSETS 11,170 9,332
EQUITY Asset Revaluation Reserves 3,028 1,986 Retained surplus 8,142 7,346
TOTAL EQUITY 11,170 9,332 The above statement should be read in conjunction with the accompanying notes.
STATEMENT OF CHANGES IN EQUITY for the year ended 30 June 2017
ASSET REVALUATION RETAINED EARNINGS RESERVE TOTAL EQUITY 2017 2016 2017 2016 2017 2016 $’000 $’000 $’000 $’000 $’000 $’000 Opening balance Balance carried forward from previous period 7,346 7,394 1,986 1,986 9,332 9,380
Adjusted opening balance 7,346 7,394 1,986 1,986 9,332 9,380
Comprehensive Income Other Comprehensive Income 1,042 - 1,042 - Surplus (Deficit) for the period 796 (49) - - 796 (49)
Total Comprehensive Income 796 (49) 1,042 - 1,838 (49)
CLOSING BALANCE AS AT 30 JUNE ATTRIBUTABLE TO THE AUSTRALIAN GOVERNMENT 8,142 7,346 3,028 1,986 11,170 9,332 The above statement should be read in conjunction with the accompanying notes.
185 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
CASH FLOW STATEMENT for the year ended 30 June 2017
NOTES 2017 2016 $’000 $’000 OPERATING ACTIVITIES Cash received Sales of goods and rendering of services 4,131 2,641 Receipts from Government 39,089 40,032 Interest Note 4B 210 232
TOTAL CASH RECEIVED 43,430 42,905 CASH USED Employees (21,149) (21,405) Suppliers (11,485) (17,476) Net GST paid (146) (2,379)
Total cash used (32,780) (41,260) NET CASH FROM OPERATING ACTIVITIES 10,650 1,644 INVESTING ACTIVITIES Cash received Proceeds from sales of property, plant and equipment Note 3E 45 98
TOTAL CASH RECEIVED 45 98 CASH USED Purchase of property, plant and equipment Note 7A (1,500) (976)
Total cash used (1,500) (976) Net cash /(used by) investing activities (1,455) (878) Net increase in cash held 9,195 766 Cash and cash equivalents at the beginning of the reporting period 7,354 6,588 CASH AND CASH EQUIVALENTS AT THE END OF THE REPORTING PERIOD 16,549 7,354 The above statement should be read in conjunction with the accompanying notes.
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Note 1: Summary of Significant Accounting Policies 1.1 Overview Rights (Northern Territory) Act 1976 (ALRA). The Northern Land Council The Northern Land Council is a receives appropriations from the representative body with statutory Aboriginal Benefit Account (ABA) authority under the Aboriginal Land pursuant to ministerially approved Rights (Northern Territory) Act 1976. estimates prepared in accordance It also has responsibilities under with Section 34 of the Act and made the Native Title Act 1993 and the available under Section 64 of the Act. Pastoral Land Act 1992.It is a not- for-profit entity. The objectives of The Northern Land Council is structured the Northern Land Council are to: to meet the following outcomes: • Advocate, protect and acquire Outcome 1: Access to Aboriginal Land Aboriginal property rights and is managed effectively and efficiently. interest in our traditional lands, Outcome 2: Traditional owners are water and seas through land claims assisted to manage their land, sea and and the native title process. natural resources in a sustainable manner. • Ensure the sustainable use and Outcome 3: To assist Aboriginal people management of natural and cultural to obtain or acquire property rights resources on Aboriginal lands. over their traditional land and seas. • Protect Aboriginal sacred Outcome 4: To secure economic, sites, places and object of social and cultural benefits for significant cultural heritage. traditional owners from developments • Support Aboriginal people to taking place on Aboriginal land. maintain sustainable communities, Outcome 5: Develop employment outstations and healthy lives. and training plans in partnership • Facilitate economic opportunities with industry and government that lead to viable and sustainable stakeholders, and facilitate the regional commercial activities and implementation of theses plans. development in the regions. Outcome 6: Efficiently process • Advocate on behalf of Aboriginal exploration and mining license people to raise broader applications and provide accurate community awareness of the advice on potential environmental role and vision of the NLC. impacts and benefits. • Operate in accordance with Outcome 7: Empower Aboriginal best practice and reporting people to carry out commercial activities standards and obligations and build sustainable enterprises. The Northern Land Council is a statutory Outcome 8: Advocate on authority formed within the provision behalf of Aboriginal people of Section 21 of the Aboriginal Land and express their views.
187 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
Outcome 9: Raise public awareness prepared in accordance with: of the NLC’s work and the views a) Public Governance, Performance and of Aboriginal people. Accountability (Financial Reporting ) Outcome 10: Supporting Aboriginal Rule 2015 (FRR) for reporting periods people to maintain and protect their ending on or after 1 July 2015; and sacred sites and cultural heritage. b) Australian Accounting Standards and Outcome 11: Help Aboriginal people Interpretations - Reduced Disclosure achieve their development potential Requirements issued by the Australian by facilitating access to leadership Accounting Standards Board (AASB) and governance programs, resources, that apply for the reporting period. infrastructure and government services. The financial statements have been Outcome 12: Receive and distribute prepared on an accrual basis and statutory and other payments in accordance with historical cost for Aboriginal people. convention, except for certain assets and liabilities at fair value. Except Outcome 13: Assist Land Trusts’ to act appropriately and in where stated, no allowance is made accordance with the ALRA. for the effect of changing prices on the results or the financial position. Outcome 14: Support traditional owners to manage and resolve disputes. The financial statements are presented in Australian dollars and values are The funding conditions of the Northern rounded to the nearest thousand Land Council are laid down by the ALRA, dollars unless otherwise specified. and any special purpose grant guidelines. Accounting for monies received from the Unless an alternative treatment is ABA is subject to conditions approved specifically required by an accounting by the Minister for Indigenous Affairs. standard or the FRR, assets and liabilities are recognised in the statement of The continued existence of the financial position when and only when it Northern Land Council in its present is probable that future economic benefits form with its present programs is will flow to the NLC or a future sacrifice dependent on Government policy and of economic benefits will be required and on continuing funding by Parliament the amounts of the assets or liabilities for the Northern Land Council’s can be reliably measured. However, administration and programs. assets and liabilities arising under 1.2 Basis of Preparation of the Financial executory contracts are not recognised Statements unless required by an accounting standard. Liabilities and assets that are The financial statements are general unrecognised are reported in note 3B. purpose financial statements and Unless alternative treatment is are required by section 42 of the specifically required by an accounting Public Governance, Performance standard, income and expenses and Accountability Act 2013. are recognised in the statement of The financial statements have been comprehensive income when, and 188 Our Land, Our Sea, Our Life
only when the flow, consumption or date as stated in the standard. loss of economic benefits has occurred All new/revised/amending standards and can be reliably measured and/or interpretations that were 1.3 Significant Accounting Judgements and issued prior to sign-off date and are Estimates applicable to the current reporting period did not have a material effect, No accounting assumptions or estimates and are not expected to have a future have been identified that have a material impact on the Northern Land significant risk of causing a material Council’s financial statements. adjustment to the carrying amounts Future Australian Accounting of assets and liabilities within the next Standard Requirements reporting period except doubtful debts for which provision of $543,123 The following new/revised/amending has been made in the current year. standards and/or interpretations were issued by the Australian Accounting 1.4 New Accounting Standards Standards Board prior to the signing of the statement by the accountable Adoption of New Australian authority, chief executive officer and chief Accounting Standard Requirements financial officer , on the entity’s financial No accounting standard has been statements for future reporting period(s): adopted earlier than the application
189 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
STANDARD/ APPLICATION NATURE OF IMPENDING CHANGE/S INTERPRETATION DATE IN ACCOUNTING POLICY AND LIKELY IMPACT ON INITIAL APPLICATION AASB 9 Financial 1 Jan 2018 The final version of AASB 9 brings together the Instruments (Dec classification and measurement, impairment and 2014), AASB 2014-1 hedge accounting phases of the IASB’s project Amendments to to replace AASB 139 Financial Instruments: Australian Accounting Recognition and Measurement. This version Standards (Part E adds a new expected loss impairment model and limited amendments to classification – Financial and measurement for financial assets. Instruments), AASB 2014-7 Amendments to The standard does not impact the financial statements. Australian Accounting Standards arising from AASB 9 (Dec 2014)
AASB 15 Revenue 1 Jan 2018 AASB 15 outlines a single comprehensive model from Contracts with for entities to use in accounting for revenue Customers, AASB arising from contracts with customers.It replaces 2014-5 Amendments several Standards and Interpretations, including to Australian AASB 111 Construction Contracts , AASB 118 Accounting Standards Revenue, Interpretation 15 Agreements for the arising from AASB 15 Construction of Real Estate ,and Interpretation 18 Transfers of Assets from Customers . The standard does not impact the financial statements.
AASB 1058 Income of 1 Jan 2019 Income of Not-for-Profit Entities Not-for-Profit Entities AASB 1058 will replace AASB 1004 Contributions.Together with AASB 15, they contain a comprehensive and robust framework for the recognition, measurement and disclosure of income including revenue from contracts with customers.
NLC is still reviewing the way that income is measured and recognised to identify whether there will be any material impact arising from these standards
190 Our Land, Our Sea, Our Life
STANDARD/ APPLICATION NATURE OF IMPENDING CHANGE/S INTERPRETATION DATE IN ACCOUNTING POLICY AND LIKELY IMPACT ON INITIAL APPLICATION AASB 16 - Leases 1 Jan 2019 The standard replaces AASB 117 ‘Leases’ and for lessees will eliminate the classifications of operating leases and finance leases. Subject to exceptions, a ‘right-of-use’ asset will be capitalised in the statement of financial position, measured as the present value of the unavoidable future lease payments to be made over the lease term. The exceptions relate to short-term leases of 12 months or less and leases of low-value assets (such as personal computers and small office furniture) where an accounting policy choice exists whereby either a ‘right-of-use’ asset is recognised or lease payments are expensed to profit or loss as incurred. A liability corresponding to the capitalised lease will also be recognised, adjusted for lease prepayments, lease incentives received, initial direct costs incurred and an estimate of any future restoration, removal or dismantling costs. Straight-line operating lease expense recognition will be replaced with a depreciation charge for the leased asset (included in operating costs) and an interest expense on the recognised lease liability (included in finance costs). In the earlier periodsof the lease, the expenses associated with the lease under AASB 16 will be higher when compared to lease expenses under AASB 117.However EBITDA (Earnings Before Interest, Tax,Depreciation and Amortisation)results will be improved as the operating expense is replaced by interest expense and depreciation in profit or loss under AASB 16. For classification within the statement of cash flows, the lease payments will be separated into both a principal (financing activities) and interest (either operating or financing activities) component. For lessor accounting, the standard does not substantially change how a lessor accounts for leases. NLC will adopt this standard from 1 July 2019 but the impact of its adoption is yet to be assessed by NLC. All other new/revised/amending standards and/or interpretations that were issued prior to the sign-off date and are applicable to future reporting period(s) are not expected to have a future material impact on the Northern Land Council’s financial statements. 191 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
Note 2: Events after the Reporting Period There are no subsequent events that had the potential to significantly affect the ongoing structure and financial activities of the Northern Land Council. Note 3: Expenses
2017 2016 $’000 $’000 NOTE 3A: EMPLOYEE BENEFITS Wages and salaries 18,085 18,556
Superannuation Defined contribution plans 2,158 1,956 Leave and other entitlements 955 1,051
TOTAL EMPLOYEE BENEFITS 21,199 21,563
NOTE 3B: SUPPLIERS Goods and services supplied or rendered Consultants 2,720 2,637 Stationery 557 323 Travel 3,307 2,693 Vehicle Expenses 1,629 1,278 Office Accommodation 826 914 IT/Communications 1,882 1,374 Payment to Grant Partners 2,334 1,877 Other 3,503 3,690
TOTAL GOODS AND SERVICES SUPPLIED OR RENDERED 16,758 14,787
Other suppliers Operating lease rentals Minimum lease payments 1,505 1,685 Workers compensation expenses 304 244
Total other suppliers 1,809 1,929 TOTAL SUPPLIERS 18,567 16,716
192 Our Land, Our Sea, Our Life
Leasing Commitments
2017 2016
$’000 $’000
Operating Lease Commitments Within 1 year 541 1,246
Between 1 to 5 years 1,095 1,261
More than 5 years 124 196
TOTAL OPERATING LEASE COMMITMENTS 1,760 2,703
Accounting Policy The nature of operating leases relates to the leases for office accommodation and office equipment. Lease payments are subject to annual increases in accordance with upwards movements in the Consumer Price Index. On expiry, leases may be renewed for up to ten years at the Northern Land Council’s option, following a once-off adjustment of rentals to current market levels. Operating lease payments are expensed on a straight line basis which is representative of the pattern of benefits derived from the leased assets.
2017 2016
$’000 $’000
NOTE 3C: DEPRECIATION Depreciation: Property, plant and equipment 596 450 Buildings and leasehold 378 550
TOTAL DEPRECIATION 974 1,000
193 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
2017 2016 $’000 $’000 NOTE 3D: WRITE-DOWN AND IMPAIRMENT OF ASSETS Impairment on financial Instruments 74 264
TOTAL WRITE-DOWN AND IMPAIRMENT OF ASSETS 74 264
NOTE 3E: LOSS ON DISPOSAL OF ASSETS Proceeds from sale 45 98 Carrying value of assets disposed 95 200
TOTAL LOSS FROM ASSETS SALES 50 102
Note 4: Own-Source Income
2017 2016 $’000 $’000 OWN-SOURCE REVENUE NOTE 4A: SALE OF GOODS AND RENDERING OF SERVICES Rendering of services in connection with Related entities 535 248 External parties 2,850 2,219
TOTAL SALE OF GOODS AND RENDERING OF SERVICES 3,385 2,467
ACCOUNTING POLICY Revenue from the sale of goods is recognised when: the risks and rewards of ownership have been transferred to the buyer; the Northern Land Council retains no managerial involvement or effective control over the goods; the revenue and transaction costs incurred can be reliably measured; and it is probable that the economic benefits associated with the transaction will flow to the Northern Land Council.
194 Our Land, Our Sea, Our Life
ACCOUNTING POLICY (cont.) Revenue from rendering of services is recognised by reference to the stage of completion of contracts at the reporting date. The revenue is recognised when: • the amount of revenue, stage of completion and transaction costs incurred can be reliably measured; and • the probable economic benefits with the transaction will flow to the Northern Land Council. The stage of completion of contracts at the reporting date is determined by reference to the proportion that costs incurred to date bear to the estimated total costs of the transaction. Receivables for goods and services, which have 30 day terms, are recognised at the nominal amounts due less any impairment allowance account. Collectability of debts is reviewed as at the end of the reporting period. Allowances are made when collectability of the debt is no longer probable.
$’000 $’000 NOTE 4B: INTEREST Deposits 210 232
TOTAL INTEREST 210 232
ACCOUNTING POLICY Interest revenue is recognised using the effective interest method as set out in AASB 139 Financial Instruments: Recognition and Measurement.
$’000 $’000 GAINS NOTE 4C: GAINS FROM SALE OF ASSETS Property, plant and equipment Proceeds from sale - 10 Carrying value of assets sold - -
TOTAL GAIN FROM SALE OF ASSETS - 10
ACCOUNTING POLICY Gains from disposal of assets are recognised when control of the asset has passed to the buyer.
195 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
2017 2016 $’000 $’000 NOTE 4D: REVERSALS OF PREVIOUS ASSET WRITE-DOWNS AND IMPAIRMENTS Reversal of Impairment losses 751 374
TOTAL REVERSALS OF PREVIOUS ASSET WRITE-DOWNS AND IMPAIRMENTS 751 374
REVENUE FROM GOVERNMENT
NOTE 4E: REVENUE FROM GOVERNMENT - DEPARTMENT OF THE PRIME MINISTER & CABINET (PM&C) Native Title Program 4,575 4,958 Revenue from ABA s64 (4) - 2,312 Others 469 291
5,045 7,560
NOTE 4F: ABA S64 ( 1) PM&C - Revenue from ABA s64 (1) 21,438 20,203
21,438 20,203
NOTE 4G: REVENUE FROM GOVERNMENT- SPECIAL PURPOSE GRANTS Department of The Prime Minister and Cabinet 7,826 4,977 Indigenous Land Corporation 1,014 1,236 Department of Defence - 164 Department of Environment 862 - Department of Primary Industries & Fisheries 120 180 Department of Land Resource Management 175 1,623 Department of Agriculture & Water Resources 218 90 ALFA (NT) Limited 200 - Parks & Wildlife Commission 228 120 Others 188 359
10,831 8,749 196 Our Land, Our Sea, Our Life
ACCOUNTING POLICY Funding received or receivable from Government is recognised as Revenue from Government when the Northern Land Council gains control of the appropriation, except for certain amounts that are reciprocal in nature, in which case revenue is recognised only when it is earned. Appropriations receivable are recognised at their nominal amounts.
Note 5: Income tax expense ACCOUNTING POLICY (Competitive neutrality) Taxation The Northern Land Council The Northern Land Council is exempt has been approved as a Public from all forms of taxation except Benevolent Institution. The services fringe benefits tax (FBT) and the of the Council are provided on a goods and services tax (GST). ‘not-for-profit’ basis. Therefore the Revenues, expenses and assets are Northern Land Council is not subject recognised net of GST except: to the Australian Government’s a) where the amount of GST incurred Competitive Neutrality policy. is not recoverable from the Australian Taxation Office; and b) for receivables and payables. Competitive Neutrality The Northern Land Council does not provide services on a for-profit basis. Therefore the Land Council is not required to make Australian Income Tax Equivalent payments to the Government.
197 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
Note 6: Financial Assets
2017 2016 $’000 $’000 NOTE 6A: CASH AND CASH EQUIVALENTS Cash on hand or on deposit 16,549 7,354
TOTAL CASH AND CASH EQUIVALENTS 16,549 7,354
Accounting policy Cash is recognised at its nominal amount. Cash and cash equivalents include: • cash on hand • demand deposits in bank accounts with an original maturity of 3 months or less that are readily convertible to known amounts of cash and subject to insignificant risk of changes in value.
2017 2016 $’000 $’000 NOTE 6B: TRADE AND OTHER RECEIVABLES Goods and Services receivables in connection with: External parties 1,216 1,623
Total goods and services receivable 1,216 1,623 Grant receivables External parties 145 40 Related parties 17 293
Total Grant receivables 162 333 TOTAL TRADE RECEIVABLES 1,378 1,956
Other receivables GST receivable from the Australian Taxation Office (590) 114
Total other receivables (590) 114 TOTAL TRADE AND OTHER RECEIVABLES (GROSS) 788 2,070
Less impairment allowance Grants Receivable (40) (40) Goods and services (503) (1,180)
198 Our Land, Our Sea, Our Life
Total impairment allowance (543) (1,220) Total trade and other receivables (Net) 245 851
Trade and other receivables (net) expected to be recovered: No more than 12 months 245 851
TOTAL TRADE AND OTHER RECEIVABLES (NET) 245 851
ACCOUNTING POLICY Loans and Receivables Trade receivables, loans and other receivables that have fixed or determinable payments that are not quoted in an active market are classified as ‘loans and receivables’. Loans and receivables are measured at amortised cost using the effective interest method less impairment. Interest is recognised by applying the effective interest rate. Effective Interest Method The effective interest method is a method of calculating the amortised cost of a financial asset and of allocating interest income over the relevant period. The effective interest rate is the rate that exactly discounts estimated future cash receipts through the expected life of the financial asset, or, where appropriate, a shorter period. Income is recognised on an effective interest rate basis except for financial assets that are recognised at fair value through profit or loss.
Reconciliation of the impairment allowance: Movements in relation to 2017
GOODS AND GRANTS GST TOTAL SERVICES RECEIVABLES 2017 2017 2017 2017 $’000 $’000 $’000 $’000 Opening balance 1,181 40 - 1,221 Amounts written off - - - - Amounts recovered (751) - - (751) Impairment of assets 74 - - 74
Closing balance 503 40 - 543
199 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
Movements in relation to 2016
GOODS AND GRANTS GST TOTAL SERVICES RECEIVABLES 2016 2016 2016 2016 $’000 $’000 $’000 $’000 Opening balance 1,043 213 74 1,330 Amounts written off - - - - Amounts recovered (127) (173) (74) (374) Impairment of assets 264 - - 264
Closing balance 1,181 40 - 1,221
ACCOUNTING POLICY Financial assets are assessed for impairment at the end of each reporting period.
Note 7: Non-Financial Assets Note 7A: Reconciliation of the opening and closing balances of property, plant and equipment
RECONCILIATION OF THE OPENING AND CLOSING BALANCE OF PROPERTY, PLANT AND EQUIPMENT FOR 2016 Leasehold Other Land Buildings Improvements PP & E Total
$’000 $’000 $’000 $’000 $’000 Balance as at 1 July 2016 Gross book value 299 2,385 2,458 4,175 9,317 Accumulated depreciation - (105) (878) (892) (1,875)
TOTAL AS AT 1 JULY 2016 299 2,280 1,580 3,282 7,443
Additions by purchase - - 69 1,430 1,500 Revaluation and Impairments recognised in other comprehensive income (9) 119 380 552 1,042 Depreciation - (60) (319) (596) (974) Disposals - other - - - (95) (95)
TOTAL AS AT 30 JUNE 2017 290 2,340 1,710 4,574 8,914
200 Our Land, Our Sea, Our Life
Total as at 30 June 2017 represented by: Gross book value 290 2,340 1,710 4,574 8,914 Accumulated depreciation - - - - -
TOTAL AS AT 30 JUNE 2017 290 2,340 1,710 4,574 8,914
Revaluations of non-financial assets All revaluations are conducted in accordance with the revaluation policy stated in accounting policy below . On 30 June 2017, an independent valuer conducted the valuation. No indicators of impairment were found for land and buildings and leasehold improvements at year end. No land, buildings or leasehold improvements are expected to be sold or disposed of within the next 12 months.
RECONCILIATION OF THE OPENING AND CLOSING BALANCE OF PROPERTY, PLANT AND EQUIPMENT FOR 2015 Leasehold Other Land Buildings Improvements PP & E Total
$’000 $’000 $’000 $’000 $’000 As at 1 July 2015 Gross book value 299 2,060 2,344 3,838 8,541 Accumulated depreciation - (51) (383) (442) (876)
TOTAL AS AT 1 JULY 2015 299 2,009 1,961 3,396 7,665
Additions by purchase - 325 113 537 976 Depreciation - (54) (496) (450) (1,000) Disposals - other - - - (200) (200)
TOTAL AS AT 30 JUNE 2016 299 2,280 1,580 3,282 7,443
Total as at 30 June 2016 represented by: Gross book value 299 2,385 2,458 4,175 9,317 Accumulated depreciation - (105) (878) (892) (1,875)
TOTAL AS AT 30 JUNE 2016 299 2,280 1,580 3,282 7,443
201 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
ACCOUNTING POLICY Acquisition of Assets Assets are recorded at cost on acquisition except as stated below. The cost of acquisition includes the fair value of assets transferred in exchange and liabilities undertaken. Financial assets are initially measured at their fair value plus transaction costs where appropriate. Assets acquired at no cost, or for nominal consideration, are initially recognised as assets and income at their fair value at the date of acquisition, unless acquired as a consequence of restructuring of administrative arrangements. In the latter case, assets are initially recognised as contributions by owners at the amounts at which they were recognised in the transfer of Northern Land Council’s accounts immediately prior to the restructuring. Asset Recognition Threshold Purchases of property, plant and equipment are recognised initially at cost in the statement of financial position, except for purchases below the capitalisation threshold, which are expensed in the year of acquisition (other than where they form part of a group of similar items which are significant in total). The capitalisation thresholds values are: Land $20,000 Buildings $20,000 Leasehold improvements $5,000 Furniture and equipment $5,000 Information technology (hardware) $5,000 Information technology (software) $5,000 Motor vehicles $10,000
Revaluations Fair values for each class of asset are determined as shown below:
Asset Class Fair Value Measurement Land Market selling price Buildings excluding Leasehold Improvements Market selling price Leasehold Improvements Depreciated replacement cost Other Property - Plant and Equipment Market selling price
202 Our Land, Our Sea, Our Life
Following initial recognition at cost, property plant and equipment are carried at fair value less subsequent accumulated depreciation and accumulated impairment losses. Valuations are conducted with sufficient frequency to ensure that the carrying amounts of assets do not differ materially from the assets’ fair values as at the reporting date. The regularity of independent valuations depends upon the volatility of movements in market values for the relevant assets. Revaluation adjustments are made on a class basis. Any revaluation increment is credited to equity under the heading of asset revaluation reserve except to the extent that it reverses a previous revaluation decrement of the same asset class that was previously recognised in the surplus/deficit. Revaluation decrements for a class of assets are recognised directly in the surplus/deficit except to the extent that they reverse a previous revaluation increment for that class. Any accumulated depreciation as at the revaluation date is eliminated against the gross carrying amount of the asset and the asset restated to the revalued amount. An independent valuer conducted the valuations and has provided a comprehensive review and valuation of all stated assets on 30 June 2017 for financial reporting purposes. This valuation was performed in accordance with all aspects of the relevant accounting, insurance and valuation framework, which includes (but is not limited to) the International Valuation Standards (IVS) 2014 which are endorsed by the Australian Property Institute, AASB 116 Property, Plant and Equipment and Public Governance, Performance and Accountability (Financial Reporting) Rule 2015
Extent of Investigation The extent of investigation undertaken by the valuer in completing the valuation has included: • collation of information from relevant parties regarding the subject property; • undertaking research regarding the subject property; • an inspection of the property and measurement of buildings where required, and; • Undertaking market research in terms of values and/or costs of similar properties; • an inspection of the property and measurement of buildings where required, and; • Undertaking market research in terms of values and/or costs of similar properties.
Valuation Approaches AASB 13 recognises three valuation approaches to measure fair value: • Market approach: based on market transactions involving identical or similar assets or liabilities. • Income approach: based on future amounts (e.g., cash flows or income and expenses) that are converted (discounted) to a single present amount. • Cost approach: based on the amount required to replace the service potential of an asset.
203 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
Adopted Valuation Method In practice there are number of methods under each of these three primary approaches. In some cases it may be appropriate to use more than one approach or method in order to arrive at the valuation, especially where there is shortage of market data to fully support the use of one method. For the purpose of this valuation for financial reporting purposes, the market approach and cost approach has been adopted. Due regard has been given to sales of comparable properties.
Transfers The Land Council deems any transfers between levels of the fair value hierarchy to have occurred at the end of the reporting period.
Depreciation Depreciable property, plant and equipment assets are written-off to their estimated residual values over their estimated useful lives to the Northern Land Council using, in all cases, the straight-¬line method of depreciation. Depreciation rates (useful lives), residual values and methods are reviewed at each reporting date and necessary adjustments are recognised in the current, or current and future reporting periods, as appropriate. Depreciation rates applying to each class of depreciable asset are based on the following useful lives: 2017 2016 Buildings on Freehold Land 10 - 40 years 10 - 40 years Leasehold Improvements Lease term Lease term Office Furniture & Equipment 3 to 5 years 3 to 5 years Motor Vehicles 3 to 10 years 3 to 10 years Plant & Equipment 3 years 3 years
Impairment All assets were assessed for impairment at 30 June 2017. Where indications of impairment exist, the assets’ recoverable amount is estimated and an impairment adjustment if the asset’s recoverable amount is less than its carrying amount. The recoverable amount of an asset is the higher of its fair value less costs of disposal and its value in use. Value in use is the present value of the future cash flows expected to be derived from the asset. Where the future economic benefit of an asset is not primarily dependent on the asset’s ability to generate future cash flows, and the asset would be replaced if the Northern Land Council were deprived of the asset, its value in use is taken to be its depreciated replacement cost.
Derecognition An item of property, plant and equipment is derecognised upon disposal or when no further future economic benefits are expected from its use or disposal. 204 Our Land, Our Sea, Our Life
2017 2016 $’000 $’000 NOTE 7B: OTHER NON-FINANCIAL ASSETS Other 13 14 Prepayments 246 289
Total other non-financial assets 259 303 Other non financial assets to be recovered All other non financial assets are expected to be recovered in no more than 12 months No indicators of impairment were found for other non-financial assets
Note 8: Payables
2017 2016 $’000 $’000 NOTE 8A: SUPPLIERS Trade creditors and accruals 1,111 2,252
TOTAL SUPPLIERS 1,111 2,252
Suppliers expected to be settled All Suppliers are expected to be settled in no more than 12 months Settlement was usually made within 30 days.
NOTE 8B: OTHER PAYABLES Salaries and wages 180 92 Superannuation 170 292 Other 387 64
TOTAL OTHER PAYABLES 736 449
Total other payables expected to be settled All other payables are expected to be settled in no more than 12 months
205 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
Note 9: Unearned revenue
2017 2016 $’000 $’000 Advance Payments 9,708 728
TOTAL UNEARNED REVENUE 9,708 728
Total Unearned Revenue expected to be settled All unearned revenue is expected to be settled in no more than 12 months
Note 10: Employee provisions
2017 2016 $’000 $’000 Leave 3,241 3,191
TOTAL EMPLOYEE PROVISIONS 3,241 3,191
Employee provisions expected to be settled
No more than 12 months 2,260 2,235 More than 12 months 980 956
TOTAL EMPLOYEE PROVISIONS 3,241 3,191
206 Our Land, Our Sea, Our Life
ACCOUNTING POLICY Employee Benefits Liabilities for ‘short-term employee benefits’ (as defined in AASB 119 Employee Benefits) and termination benefits due within twelve months of the end of reporting period are measured at their nominal amounts. The nominal amount is calculated with regard to the rates expected to be paid on settlement of the liability. Leave The liability for employee benefits includes provision for annual leave and long service leave. The leave liabilities are calculated on the basis of employees’ remuneration at the estimated salary rates that applied at the time the leave is taken, including the Northern Land Council’s employer superannuation contribution rates, to the extent that the leave is likely to be taken during service rather than paid out on termination. Liabilities for current employee benefits expected within twelve months of the end of reporting period are measured at their nominal amounts. NLC used the shorthand method to calculate the long service leave liability. Superannuation The Northern Land Council’s staff can choose their own super fund with most members being with MLC. The entity makes employer contributions to the employees’ defined benefit superannuation scheme at rates determined by the EBA. The liability of superannuation recognised as at 30 June represents outstanding contributions.
Note 11: Contingent Assets and Liabilities
CLAIMS FOR DAMAGES OR COSTS 2017 2016 $’000 $’000 Contingent Liabilities Balance from previous period 160 250
New contingent liabilities recognised 440 - Obligations expired - (90)
TOTAL CONTINGENT LIABILITIES 600 160
207 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
Quantifiable Contingencies The above table contains $600,000 of contingent liabilities disclosed in respect to claims for damages/costs (2016: $160,000). The amount represents an estimate of the Northern Land Council’s liability based on precedent cases. The Council is defending the claims. The nature of decisions of the Northern Land Council mean that at times the decisions are subject to dispute and judicial review. Specific information about legal matters is not disclosed where the information would be prejudicial to the Northern Land Council
ACCOUNTING POLICY Contingent liabilities and contingent assets are not recognised in the statement of financial position but are reported in notes. They may arise from uncertainty as to the existence of a liability or asset or represent an asset or liability in respect of which the amount cannot be reliably measured. Contingent assets are disclosed when settlement is probable but not virtually certain and contingent liabilities are disclosed when settlemeent is greater than remote.
Note 12: Related Party Disclosures
The Council Executive Members who held office during the year ended 30 June 2017 were: Samuel Bush-Blanasi Chairperson John Christophersen Deputy Chairperson Richard Dixon Executive Raymond Hector Executive Ronald Lami Lami Executive Peter Lansen Executive Helen Lee Executive Elizabeth Sullivan Executive Bobby Wunungmurra Executive
Full Council elections were held in November 2016. The elections are held every three years to elect a new Full Council and Executive Council. The next call for nominations will be held in November 2019. There were no loans made to directors or other transactions with Directors or Director - Related Entities
208 Our Land, Our Sea, Our Life
Note 13: Key Management Personnel Remuneration
2017 2016 $’000 $’000 Short-term employee benefits: Salary 2,022 1,857
TOTAL SHORT-TERM EMPLOYEE BENEFITS 2,022 1,857
Post-employment benefits: Superannuation 256 237
TOTAL POST-EMPLOYMENT BENEFITS 256 237
Other long-term employee benefits: Annual leave 171 148 Long-service leave 3 3
TOTAL OTHER LONG-TERM EMPLOYEE BENEFITS 174 151
Termination benefits Termination payout - 222
Total termination benefits - 222 TOTAL KEY MANAGEMENT PERSONNEL 2,452 2,466 REMUNERATION EXPENSES The total number of key management personnel that are included in the above table are 19 (2016:21).
Note 14: Remuneration of Auditors
2017 2016 $’000 $’000 Remuneration to auditors for the reporting period are as follows: Australian National Audit Office (ANAO) - Statutory audit 69 74 HLB Mann Judd - Grant Audits 10 13
79 87 The audit fees above report the costs associated with auditing each financial year. No other services were provided by the Australian National Audit Office. 209 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
Note 15: Financial Instruments
2017 2016 $’000 $’000 15A CATEGORIES OF FINANCIAL INSTRUMENTS Financial Assets Loans and receivables Cash and Cash Equivalents 16,549 7,354 Trade and Other Receivables 245 73
Total Loan and Receivables 16,794 7,427 TOTAL FINANCIAL ASSETS 16,794 7,427
Financial Liabilities Financial liabilities measured at amortised cost Suppliers 1,111 2,252 Other payables 736 -
Total financial liabilities at amortised cost 1,847 2,252 TOTAL FINANCIAL LIABILITIES 1,847 2,252
15B NET GAIN OR LOSSES ON FINANCIAL ASSETS Loans and receivables Interest revenue 210 232
Net gain/(losses) on loans and receivables 210 232
15C FAIR VALUE OF FINANCIAL INSTRUMENTS The carrying amount of the financial assets and liabilities is a reasonable approximation of fair value due to their short term nature.
ACCOUNTING POLICY Financial Assets The Northern Land Council classifies its financial assets as loans and receivables. The classification depends on the nature and purpose of the financial assets and is determined at the time of initial recognition. Financial assets are recognised and derecognised upon trade date. Financial Liabilities Financial liabilities are recognised and derecognised upon trade date.Supplier and other payables are recognised at amortised cost. Liabilities are recognised to the extent that the goods or services have been received (and irrespective of having been invoiced). 210 Our Land, Our Sea, Our Life
Note 16 : Royalty Assets Held in Trust
Monetary Assets The Northern Land Council maintains a Royalty Trust Account. Monies received on behalf of Associations of Aboriginal people and individuals, in accordance with Section 35 of the Aboriginal Land Rights (NT) Act 1976, are held in the royalty trust account, and are distributed in accordance with the requirements of the ALR(NT) Act. These monies are not available for other purposes and are not recognised in the financial statement of the Northern Land Council.
Non-monetary Assets The Council had no non-monetary assets held in trust in both the current and prior reporting periods.
Royalty Trust Account - Monetary Asset 2017 2016 $’000 $’000 Cash held at the beginning of the reporting period 45,111 41,356 Add RECEIPTS ABA Section 64 (3) Royalty Equivalents 14,674 15,468 Section 5 - Blue Mud Bay- Fee - - Section 15, 16 & 19 rental and lease monies 19,322 15,903 Section 42, 43 and 44 mining 12,991 19,096 Exploration negotiated monies Native Title 4,913 1,590 Other monies 831 589
TOTAL RECEIPTS 52,731 52,647 Less: PAYMENTS ABA Section 35 (2) Royalty Equivalents (16,880) (13,262) Section 35 (3) rental and lease monies (16,883) (13,663) Section 35 (4) negotiated monies (10,751) (17,130) Native Title (1,554) (1,632)
(46,068) (45,687) GST Paid to ATO (2,095) (2,912) Contract Administration (282) (293)
TOTAL AMOUNT HELD AT THE END 49,397 45,111 OF THE REPORTING PERIOD CASH AT BANK 49,397 45,111
211 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
The reporting requirements of the ALR(NT) Act 1976 are detailed in section 37 (3) - (5), and refer to the application of monies received by the Northern Land Council under various sections of the Act, in particular under sub-section 64(3).
Receipts under section 64(3), as referred in section 35(2): 2017 2016 $’000 $’000 Opening balance 2,206 - Funds received 14,674 15,468 Funds distributed to the following associations: Gumatj Aboriginal Corporation (10,536) (6,315) Rirratjingu Aboriginal Corporation (2,563) (2,622) Laynhapuy Homelands (1,922) (1,966) Aboriginal Corporation Gundjeihmi Aboriginal Corporation (1,859) (2,358) Guyanggan Aboriginal Corp - - Funds awaiting distribution - -
CLOSING BALANCE - 2,206 Determination Pursuant to Section 35(2) Aboriginal Land Rights (Northern Territory) Act Gove Rio Alcan project royalty equivalents received pursuant to Section 64(3) The Northern Land Council determines pursuant to sub-section 35(2) that for the next 5 years (subject to any further determination within that period) amounts equal to all monies received under s.64(3) with respect to the Gove Alcan Project are to be apportioned and paid as follows:- Gumatj Aboriginal Corporation 65% Rirratjingu Aboriginal Corporation 20% Laynhapuy Homelands Aboriginal Corporation 15% Resolution Number: C110/4784 Note: This determination will expire on 17 June 2020. Determination Pursuant to Section 35(2) Aboriginal Land Rights (Northern Territory) Act Ranger Project royalty equivalents received pursuant to Section 64(3) The Northern Land Council determines pursuant to sub- section 35(2) that for the next 5 years amounts equal to all monies receieved under s.64(3) with respect to the Ranger Project are to be paid to Gundjeihmi Aboriginal Corporation. Resolution: C 110/4785 Note: This determination will expire on 17 June 2020.
212 Our Land, Our Sea, Our Life $ 4,211 5,281 91,828 TOTAL TOTAL 238,889 676,492 584,385 455,774 212,217 604,635 129,271 ACTUAL (394,267) 2,600,294 2,604,505 2,998,772 - - $ 4,113 33,065 50,715 46,492 61,818 36,480 69,929 10,470 469,127 469,127 313,082 156,045 2016/17 ACTUAL - - $ 25,755 73,354 64,389 75,100 24,136 83,503 12,276 19,215 290,788 290,788 377,728 (86,940) 2015/16 ACTUAL - $ 1,400 43,285 82,068 75,330 56,049 24,518 66,735 14,486 15,441 340,379 340,379 379,312 (38,933) 2014/15 ACTUAL - $ 26,295 82,057 65,739 44,477 77,804 11,826 14,545 (1,682) 68,735 500,000 110,203 500,000 431,265 2013/14 ACTUAL Note 17A: ABA Special Purpose Grant Funerals and Ceremony Funerals Note 17A: ABA Special Purpose Grant $ 2,980 3,653 64,429 80,050 29,091 33,747 33,962 500,000 212,689 182,395 135,477 502,980 775,493 2012/13 ACTUAL (272,513) - $ 1,833 40,933 97,477 45,551 13,325 28,932 500,000 131,425 118,418 154,743 500,000 632,637 2011/12 ACTUAL (132,637) - $ 77 1,231 5,126 7,964 2,054 6,706 1,231 16,039 15,304 19,542 16,443 89,255 (88,024) 2010/11 ACTUAL Income Aboriginals Benefit Account Recoveries TOTAL INCOME TOTAL Expenditure Region Borroloola/Barkly Darwin/Daly Region Jabiru Region Katherine Region Ngukurr Region Nhulunbuy Region Tennant Creek Tennant Timber (VRD) Region Creek Administration TOTAL EXPENDITURE TOTAL Commitments SURPLUS (DEFICIT)
213 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
Note 17B: ABA - Capital Works/Infrastructure
2016/17 TOTAL ACTUAL ACTUAL $’000 $’000 INCOME Grant Income - -
GRANT INCOME - -
EXPENDITURE Salaries & Wages - - Superannuation - - Other Wage On-cost - - Property Costs - - Travel Related Expenses 4,171 4,171 IT Costs - - Financial & Legal Services - - Consultants 61,409 61,409 Fleet Costs - - Office Supplies - - Training & Conferences - - Equipment Expenses - - Repairs & Maintenance - - Grant Expenses/Community Costs - -
TOTAL EXPENDITURE 65,580 65,580
Balance brought forward 319,026 Commitments - BALANCE OF FUNDS 253,446
214 Our Land, Our Sea, Our Life
Note 17C: ABA - Construct a Cultural Display Tjuwaliyn (Douglas) Hot Springs
2012/13 2013/14 2014/15 2015/16 2016/17 TOTAL ACTUAL ACTUAL ACTUAL ACTUAL ACTUAL ACTUAL $ $ $ $ $ $ INCOME Grant Income 10,000 35,000 - 28,000 7,000 80,000 TOTAL INCOME 10,000 35,000 - 28,000 7,000 80,000
EXPENDITURE Motor Vehicle Expenses - 273 (273) - - - Audit & Acct. Fees 800 - - - - 800 Telephone & Fax ------Consultants Other 7,000 - - 24,000 41,200 72,200 Minor Equipment Purchases ------R&M Equipment ------TOTAL EXPENDITURE 7,800 273 (273) 24,000 41,200 73,000
Commitments - SURPLUS (DEFICIT) 2,200 34,727 273 4,000 (34,200) 7,000
215 PART 4B
Yellow Water, Kakadu 216 Our Land, Our Sea, Our Life
Native Title Representative Body Annual Financial Statement 2016/17
Public Governance, Performance and Accountability Act 2013 & Native Title Act 1993
Table of Contents Auditor’s report 218 Note 5: Income tax expense (Competive neutrality) 231 Statement by the Accountable Authority and Chief Financial Officer 220 Note 6: Financial Assets 232 Statement of Comprehensive Income 221 Note 7: Payables 234 Statement of Financial Position 222 Note 8: Provisions 236 Statement of Changes in Equity 223 Note 9: Contingent Assets and Liabilities 236 Cash Flow Statement 224 Note 10: Key Management Personnel Remuneration 236 Note 1: Summary of Significant Accounting Policies 225 Note 11: Remuneration of Auditors 237 Note 2: Events after the Reporting Period 229 Note 12: Financial Instruments 237 Note 3: Expenses 229 Note 4: Own Source Income 230
217 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
AUDITOR’S REPORT
INDE ENDENT AUDITOR S RE ORT To the Minister for In igeno s Affairs O inion In my opinion, the financial statements of the Northern Land Council as Native Title Representative Body for the year ended 30 June 2017: (a) comply with Australian Accounting Standards - Reduced Disclosure Requirements and the Public Governance, Performance and Accountability (Financial Reporting) Rule 2015; and (b) present fairly the financial position of the Northern Land Council as Native Title Representative Body as at 30 June 2017 and its financial performance and cash flows for the year then ended. The financial statements of the Northern Land Council as Native Title Representative Body, which I have audited, comprise the following statements as at 30 June 2017 and for the year then ended: • Statement by the Accountable Authority and Chief Financial Officer; • Statement of Comprehensive Income; • Statement of Financial Position; • Statement of Changes in Equity; • Cash Flow Statement; and • Notes to the financial statements, comprising a Summary of Significant Accounting Policies and other explanatory information. Basis for O inion I conducted my audit in accordance with the Australian National Audit Office Auditing Standards, which incorporate the Australian Auditing Standards. My responsibilities under those standards are further described in the Auditor’s Responsibilities for the Audit of the Financial Statements section of my report. I am independent of the Northern Land Council as Native Title Representative Body in accordance with the relevant ethical requirements for financial statement audits conducted by the Auditor-General and his delegates. These include the relevant independence requirements of the Accounting Professional and Ethical Standards Board’s APES 110 Code of Ethics for Professional Accountants to the extent that they are not in conflict with the Auditor- General Act 1997 (the Code). I have also fulfilled my other responsibilities in accordance with the Code. I believe that the audit evidence I have obtained is sufficient and appropriate to provide a basis for my opinion. Acco ntable A thority s Res onsibility for the inancial Statements As the Accountable Authorities of the Northern Land Council as Native Title Representative Body the Chairman and Chief Executive Officer are responsible under the Public Governance, Performance and Accountability Act 2013 for the preparation and fair presentation of annual financial statements that comply with Australian Accounting Standards – Reduced Disclosure Requirements and the rules made under that Act. The Chairman and Chief Executive Officer are also responsible for such internal control as the Chairman and Chief Executive Officer determine are necessary to enable the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. In preparing the financial statements, the Chairman and Chief Executive Officer are responsible for assessing the Northern Land Council as Native Title Representative Body’s ability to continue as a going concern, taking into account whether the entity’s operations will cease as a result of an administrative restructure or for any other reason. The Chairman and Chief Executive Officer are also responsible for disclosing matters related to going concern as applicable and using the going concern basis of accounting unless the assessment indicates that it is not appropriate.
GPO Box CANBERRA ACT 2 National Circuit BARTON ACT Phone ( 2) 2 Fax ( 2) 2
218 Our Land, Our Sea, Our Life
A itor s Res onsibilities for the A it of the inancial Statements My objective is to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes my opinion. Reasonable assurance is a high level of assurance, but is not a guarantee that an audit conducted in accordance with the Australian National Audit Office Auditing Standards will always detect a material misstatement when it exists. Misstatements can arise from fraud or error and are considered material if, individually or in the aggregate, they could reasonably be expected to influence the economic decisions of users taken on the basis of the financial statements. As part of an audit in accordance with the Australian National Audit Office Auditing Standards, I exercise professional judgement and maintain professional scepticism throughout the audit. I also: • identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, design and perform audit procedures responsive to those risks, and obtain audit evidence that is sufficient and appropriate to provide a basis for my opinion. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control; • obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity’s internal control; • evaluate the appropriateness of accounting policies used and the reasonableness of accounting estimates and related disclosures made by the Accountable Authority; • conclude on the appropriateness of the Accountable Authorities use of the going concern basis of accounting and, based on the audit evidence obtained, whether a material uncertainty exists related to events or conditions that may cast significant doubt on the entity’s ability to continue as a going concern. If I conclude that a material uncertainty exists, I am required to draw attention in my auditor’s report to the related disclosures in the financial statements or, if such disclosures are inadequate, to modify my opinion. My conclusions are based on the audit evidence obtained up to the date of my auditor’s report. However, future events or conditions may cause the entity to cease to continue as a going concern; and • evaluate the overall presentation, structure and content of the financial statements, including the disclosures, and whether the financial statements represent the underlying transactions and events in a manner that achieves fair presentation. I communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit and significant audit findings, including any significant deficiencies in internal control that I identify during my audit.
Australian National Audit Office
Jodi George Acting Executive Director Delegate of the Auditor-General Canberra 20 September 2017
219 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
NORTHERN LAND COUNCIL - NATIVE TITLE REPRESENTATIVE BODY STATEMENT BY THE ACCOUNTABLE AUTHORITY AND CHIEF FINANCIAL OFFICER
The Northern Land Council (NLC) is a Native Title Representative Body (NTRB) under the Native Title Act 1993 and a land council under the Aboriginal Land Rights (Northern Territory) Act 1976. Since being recognised as an NTRB, the NLC has performed the functions of the NTRB in association with other NLC functions. While separate books and records are not maintained by the NLC for the NTRB, the revenue and expenditure is recorded as separate cost centres within the NLC financial books and records for the current year and assets and liabilities have been able to be separately identified as detailed in the financial statements. In our opinion, the attached financial statements for the year ended 30 June 2017 comply with subsection 42(2) of the Public Governance, Performance and Accountability Act 2013 (PGPA Act), and are based on properly maintained financial records as per subsection 41(2) of the PGPA Act. In our opinion, at the date of this statement, there are reasonable grounds to believe that the Body will be able to pay its debts as and when they become due and payable. This Statement is made in accordance with a resolution of the directors.
SAMUEL BUSH-BLANASI JOE MORRISON Chairman / Accountable Authority Chief Executive Officer / Accountable Authority
JOE VALENTI Chief Financial Officer
20 September 2017
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STATEMENT OF COMPREHENSIVE INCOME for the period ended 30 June 2017
NOTES 2017 2016 $’000 $’000 NET COST OF SERVICES EXPENSES Employee benefits 3A 2,091 2,575 Suppliers 3B 2,871 3,104 Write-down and impairment of assets 3C 2 306
TOTAL EXPENSES 4,964 5,985
OWN-SOURCE INCOME Own-source revenue Sale of goods and rendering of services 4A 481 518 Interest 4B 42 52
TOTAL OWN-SOURCE REVENUE 522 570
GAINS Reversals of previous asset write- downs and impairments 4D 139 404
Total gains 139 404 TOTAL OWN-SOURCE INCOME 661 975
NET COST OF SERVICES 4,303 5,010
Revenue from Government- PM&C 4C 4,575 4,958
TOTAL REVENUE FROM GOVERNMENT 4,575 4,958
Surplus / (Deficit) attributable to the Australian Government 272 (52) TOTAL COMPREHENSIVE INCOME / (LOSS) ATTRIBUTABLE TO THE AUSTRALIAN GOVERNMENT 272 (52) The above statement should be read in conjunction with the accompanying notes.
221 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
STATEMENT OF FINANCIAL POSITION for the year ended 30 June 2017
NOTES 2017 2016 $’000 $’000 ASSETS FINANCIAL ASSETS Cash and cash equivalents 6A 2,263 2,401 Trade and other receivables 6B - 225
TOTAL FINANCIAL ASSETS 2,263 2,626
TOTAL ASSETS 2,263 2,626
LIABILITIES Payables Inter-entity payable 7A 458 910 Other payable 7B 159 231
TOTAL PAYABLES 617 1,141
Provisions Employee provisions 8 245 356 Total provisions 245 356
TOTAL LIABILITIES 862 1,497
NET ASSETS 1,401 1,129
EQUITY Retained surplus 1,401 1,129
TOTAL EQUITY 1,401 1,129 The above statement should be read in conjunction with the accompanying notes.
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STATEMENT OF CHANGES IN EQUITY for the year ended 30 June 2017
RETAINED EARNINGS TOTAL EQUITY 2017 2016 2017 2016 $’000 $’000 $’000 $’000 OPENING BALANCE Balance carried forward from previous period 1,129 1,181 1,129 1,181
ADJUSTED OPENING BALANCE 1,129 1,181 1,129 1,181
Comprehensive Income Surplus (Deficit) for the period 272 (52) 272 (52)
Total Comprehensive Income 272 (52) 272 (52)
CLOSING BALANCE AS AT 30 JUNE 1,401 1,129 1,401 1,129 The above statement should be read in conjunction with the accompanying notes.
223 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
CASH FLOW STATEMENT for the year ended 30 June 2017
NOTES 2017 2016 $’000 $’000 OPERATING ACTIVITIES Cash received Sales of goods and rendering of services 390 518 Receipts from Government 4,575 5,454 Interest 4B 42 52
TOTAL CASH RECEIVED 5,007 6,024
Cash used Employees (2,388) (2,753) Suppliers (2,670) (2,686) Net GST paid (87) (496)
Total cash used (5,144) (5,935) Net cash from /(used by) operating activities (138) 89 Net increase/(decrease) in cash held (138) 89 Cash and cash equivalent at the beginning of the reporting period 2,401 2,311
CASH AND CASH EQUIVALENT AT THE END OF THE REPORTING PERIOD 6A 2,263 2,401 The above statement should be read in conjunction with the accompanying notes.
224 Our Land, Our Sea, Our Life
Note 1: Summary of Significant Accounting Policies 1.1 Overview continued release of these funds for its continued existence and ability The Northern Land Council (NLC) is a to carry out its normal activities. The Native Title Representative Body (NTRB) funding conditions of the NTRB are under the Native Title Act 1993 and a laid down by the Native Title Act, and Land Council under the Aboriginal Land any special purpose grant guidelines. Rights (Northern Territory) Act 1976. Accounting for monies received from Since being recognised as an NTRB, the Department of Prime Minister & the NLC has performed the functions of Cabinet (PMC) is subject to conditions the NTRB in association with other NLC approved by the Land Rights Branch. functions. It is a not-for-profit entity. The general functions of the NTRB are to: 1.2 Basis of Preparation of the Financial • assist claimants in the preparation Statements of anthropological and The financial statements are general historical evidence in support purpose financial statements and of their claim applications; are required by section 42 of the • respond to ‘future act’ applications Public Governance, Performance (for example, proposed mining on and Accountability Act 2013 and native title land or land subject to section 203DC [4] of the Native a registered native title claim) Title Amendment Act 1998. • provide claimants with legal The financial statements have been representation e.g. negotiations prepared in accordance with: for Indigenous Land Use a) Public Governance, Performance and Agreements (ILUAs) Accountability (Financial Reporting) • act as mediators between the Rule 2015 (FRR) for reporting periods claimants and the Government ending on or after 1 July 2015; and Proving native title is difficult and involves b) Australian Accounting Standards and a lot of historical and anthropological Interpretations - Reduced Disclosure research into the area involved in Requirements issued by the Australian the native title claim. This is a time- Accounting Standards Board (AASB) consuming and resource- intensive that apply for the reporting period. process for NTRB field and community The NLC has prepared the statement liaison officers, anthropologists, legal of comprehensive income, statement officers and research staff involved in of financial position and cash flow preparing a claim, attending court, statement applicable to the NTRB mediation and consultation. Other operation and function. All NTRB functions of NTRBs include certification, account balances have been identified dispute resolution, consultation and from within the NLC financial information notification and agreement making. system and accurately extracted from The NTRB is dependent on the the NLC accounts, representing the
225 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
completeness and existence of all only when the flow, consumption or assets and liabilities of the NTRB. loss of economic benefits has occurred The NLC maintains an NTRB revenue and can be reliably measured and expenditure cost centre and the statement of comprehensive income 1.3 Significant Accounting Judgements and is a complete and accurate record of Estimates NTRB revenue and expenditure. No accounting assumptions or estimates The NTRB financial statements have have been identified that have a been prepared on an accrual basis significant risk of causing a material and in accordance with historical cost adjustment to the carrying amounts convention, except for certain assets of assets and liabilities within the next and liabilities at fair value. Except reporting period except doubtful where stated, no allowance is made debts for which provision of $220,609 for the effect of changing prices on has been made in the current year. the results or the financial position. 1.4 New Accounting Standards The financial statements are presented in Australian dollars and values are Adoption of New Australian rounded to the nearest thousand Accounting Standard Requirements dollars unless otherwise specified. No accounting standard has been Unless an alternative treatment is adopted earlier than the application specifically required by an accounting date as stated in the standard. standard or the FRR, assets and liabilities All new/revised/amending standards are recognised in the NTRB statement and/or interpretations that were issued of financial position when and only prior to sign-off date and are applicable when it is probable that future economic to the current reporting period did benefits will flow to the entity or a not have a material effect, and are not future sacrifice of economic benefits expected to have a future material will be required and the amounts of impact on the Northern Land Council’s the assets or liabilities can be reliably financial statements as a NTRB. measured. However, assets and liabilities Future Australian Accounting arising under executor contracts are Standard Requirements not recognised unless required by The following new/revised/amending an accounting standard. Liabilities standards and/or interpretations were and assets that are unrecognised are issued by the Australian Accounting reported in the contingencies note. Standards Board prior to the signing Unless alternative treatment is of the statement by the accountable specifically required by an accounting authority, chief executive officer and chief standard, income and expenses financial officer , on the entity’s financial are recognised in the statement of statements for future reporting period(s): comprehensive income when, and
226 Our Land, Our Sea, Our Life
STANDARD/ APPLICATION NATURE OF IMPENDING CHANGE/S INTERPRETATION DATE IN ACCOUNTING POLICY AND LIKELY IMPACT ON INITIAL APPLICATION AASB 9 Financial 1 Jan 2018 The final version of AASB 9 brings together the Instruments (Dec classification and measurement, impairment and 2014), AASB 2014- hedge accounting phases of the IASB’s project 1 Amendments to replace AASB 139 Financial Instruments: to Australian Recognition and Measurement. This version Accounting Standards adds a new expected loss impairment model (Part E – Financial and limited amendments to classification and Instruments), AASB measurement for financial assets. The standard 2014-7 Amendments to does not impact the financial statements. Australian Accounting Standards arising from AASB 9 (Dec 2014) AASB 15 Revenue 1 Jan 2018 AASB 15 outlines a single comprehensive model from Contracts with for entities to use in accounting for revenue Customers, AASB arising from contracts with customers. It replaces 2014-5 Amendments to several Standards and Interpretations, including Australian Accounting AASB 111 Construction Contracts , AASB 118 Standards arising Revenue, Interpretation 15 Agreements for the from AASB 15 Construction of Real Estate ,and Interpretation 18 Transfers of Assets from Customers. The standard does not impact the financial statements. AASB 1058 Income of 1 Jan 2019 Income of Not-for-Profit Entities Not-for-Profit Entities AASB 1058 will replace AASB 1004 Contributions.Together with AASB 15, they contain a comprehensive and robust framework for the recognition, measurement and disclosure of income including revenue from contracts with customers. NTRB is still reviewing the way that income is measured and recognised to identify whether there will be any material impact arising from these standards
227 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
STANDARD/ APPLICATION NATURE OF IMPENDING CHANGE/S INTERPRETATION DATE IN ACCOUNTING POLICY AND LIKELY IMPACT ON INITIAL APPLICATION AASB 16 - Leases 1 Jan 2019 The standard replaces AASB 117 ‘Leases’ and for lessees will eliminate the classifications of operating leases and finance leases. Subject to exceptions, a ‘right-of-use’ asset will be capitalised in the statement of financial position, measured as the present value of the unavoidable future lease payments to be made over the lease term. The exceptions relate to short-term leases of 12 months or less and leases of low-value assets (such as personal computers and small office furniture) where an accounting policy choice exists whereby either a ‘right-of-use’ asset is recognised or lease payments are expensed to profit or loss as incurred. A liability corresponding to the capitalised lease will also be recognised, adjusted for lease prepayments, lease incentives received, initial direct costs incurred and an estimate of any future restoration, removal or dismantling costs. Straight-line operating lease expense recognition will be replaced with a depreciation charge for the leased asset (included in operating costs) and an interest expense on the recognised lease liability (included in finance costs). In the earlier periodsof the lease, the expenses associated with the lease under AASB 16 will be higher when compared to lease expenses under AASB 117. However EBITDA (Earnings Before Interest, Tax, Depreciation and Amortisation) results will be improved as the operating expense is replaced by interest expense and depreciation in profit or loss under AASB 16. For classification within the statement of cash flows, the lease payments will be separated into both a principal (financing activities) and interest (either operating or financing activities) component. For lessor accounting, the standard does not substantially change how a lessor accounts for leases. NTRB will adopt this standard from 1 July 2019 but the impact of its adoption is yet to be assessed by NTRB. All other new/revised/amending standards and/or interpretations that were issued prior to the sign-off date and are applicable to future reporting period(s) are not expected to have a future material impact on the NTRB’s financial statements. 228 Our Land, Our Sea, Our Life
Note 2: Events after the Reporting Period There are no events that have occurred after reporting date that have been brought to account in the 2016/17 Financial Report. Note 3: Expenses
2017 2016 $’000 $’000 NOTE 3A: EMPLOYEE BENEFITS Wages and salaries 1,891 2,134
Superannuation Defined contribution plans 209 261 Leave and other entitlements (9) 179
TOTAL EMPLOYEE BENEFITS 2,091 2,575
NOTE 3B: SUPPLIERS Goods and services supplied or rendered Consultants 1,321 1,713 Stationery 63 69 Travel 490 495 Vehicles 122 115 Training 41 32 IT/Communications 167 76 Other 581 493
TOTAL GOODS AND SERVICES SUPPLIED OR RENDERED 2,784 2,993
OTHER SUPPLIERS Operating lease rentals Minimum lease payments 51 79 Workers compensation expenses 36 32
Total other suppliers 87 110 TOTAL SUPPLIERS 2,871 3,104
NOTE 3C: WRITE-DOWN AND IMPAIRMENT OF ASSETS Impairment on financial Instruments 2 306
TOTAL WRITE-DOWN AND IMPAIRMENT OF ASSETS 2 306 229 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
Note 4: Own-Source Income
2017 2016 $’000 $’000 OWN-SOURCE REVENUE
NOTE 4A: SALE OF GOODS AND RENDERING OF SERVICES Rendering of services - external parties 481 518
TOTAL SALE OF GOODS AND RENDERING OF SERVICES 481 518 ACCOUNTING POLICY Revenue from the sale of goods is recognised when: a) the risks and rewards of ownership have been transferred to the buyer; b) the Northern Land Council as an NTRB retains no managerial involvement or effective control over the goods; c) the revenue and transaction costs incurred can be reliably measured; and d) it is probable that the economic benefits associated with the transaction will flow to the NTRB. Revenue from rendering of services is recognised by reference to the stage of completion of contracts at the reporting date. The revenue is recognised when: a) the amount of revenue, stage of completion and transaction costs incurred can be reliably measured; and b) the probable economic benefits with the transaction will flow to the NTRB. The stage of completion of contracts at the reporting date is determined by reference to the proportion that costs incurred to date bear to the estimated total costs of the transaction. Receivables for goods and services, which have 30 day terms, are recognised at the nominal amounts due less any impairment allowance account. Collectability of debts is reviewed as at the end of the reporting period. Allowances are made when collectability of the debt is no longer probable.
NOTE 4B: INTEREST Deposits 42 52
TOTAL INTEREST 42 52
230 Our Land, Our Sea, Our Life
ACCOUNTING POLICY Interest revenue is recognised using the effective interest method as set out in AASB 139 Financial Instruments: Recognition and Measurement.
NOTE 4C: REVENUE FROM GOVERNMENT - DEPARTMENT OF THE PRIME MINISTER & CABINET (PM&C) Native Title Program 4,575 4,958
4,575 4,958 ACCOUNTING POLICY Funding received or receivable from Government is recognised as Revenue from Government when the entity gains control of the appropriation, except for certain amounts that are reciprocal in nature, in which case revenue is recognised only when it is earned.
NOTE 4D: REVERSALS OF PREVIOUS ASSET WRITE-DOWNS AND IMPAIRMENTS Reversal of Impairment losses (139) (404)
TOTAL REVERSALS OF PREVIOUS ASSET WRITE-DOWNS AND IMPAIRMENTS (139) (404)
Note 5: Income tax expense (Competitive neutrality) The NTRB has been approved as a Public Benevolent Institution. The services of the Council are provided on a ‘not-for-profit’ basis. Therefore the NTRB is not subject to the Australian Government’s Competitive Neutrality policy.
ACCOUNTING POLICY Taxation The NTRB is exempt from all forms of taxation except fringe benefits tax (FBT) and the goods and services tax (GST). Revenues, expenses and assets are recognised net of GST except: a) where the amount of GST incurred is not recoverable from the Australian Taxation Office; and b) for receivables and payables. Competitive Neutrality The NTRB does not provide services on a for-profit basis. Therefore the NTRB is not required to make Australian Income Tax Equivalent payments to the Government.
231 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
Note 6: Financial Assets
2017 2016 $’000 $’000 NOTE 6A: CASH AND CASH EQUIVALENTS Cash on deposit 2,263 2,401
TOTAL CASH AND CASH EQUIVALENTS 2,263 2,401 Accounting policy Cash is recognised at its nominal amount. Cash and cash equivalents include: a) cash on hand b) demand deposits in bank accounts with an original maturity of 3 months or less that are readily convertible to known amounts of cash and subject to insignificant risk of change in value. NTRB cash is received into the NTRB bank account. All payments are made from the NLC operating account. On a regular basis the funds are transferred from the NTRB bank account to the NLC operating account for the value of payments on behalf of the NTRB.
NOTE 6B: TRADE AND OTHER RECEIVABLES Goods and Services Goods and Services - External parties 221 583
TOTAL GOODS AND SERVICES RECEIVABLE 221 583
Less impairment allowance Goods and services (221) (358)
Total impairment allowance (221) (358) TOTAL TRADE AND OTHER RECEIVABLES (NET) - 225
Trade and other receivables (net) expected to be recovered: No more than 12 months - 225
TOTAL TRADE AND OTHER RECEIVABLES (NET) - 225
232 Our Land, Our Sea, Our Life
ACCOUNTING POLICY Loans and Receivables Trade receivables, loans and other receivables that have fixed or determinable payments that are not quoted in an active market are classified as ‘loans and receivables’. Loans and receivables are measured at amortised cost using the effective interest method less impairment. Interest is recognised by applying the effective interest rate. Effective Interest Method The effective interest method is a method of calculating the amortised cost of a financial asset and of allocating interest income over the relevant period. The effective interest rate is the rate that exactly discounts estimated future cash receipts through the expected life of the financial asset, or, where appropriate, a shorter period. Income is recognised on an effective interest rate basis except for financial assets that are recognised at fair value through profit or loss.
GOODS AND TOTAL SERVICES 2017 2017 $’000 $’000 NOTE 6B: TRADE AND OTHER RECEIVABLES (CONT.) Reconciliation of the impairment allowance: Movements in relation to 2017 Opening balance 358 358 Amounts recovered and reversed (139) (139) Impairment of assets 2 2
CLOSING BALANCE 221 221
GOODS AND TOTAL SERVICES 2016 2016
Movements in relation to 2016 Opening balance 457 457 Amounts recovered and reversed (404) (404) Impairment of assets 306 306
CLOSING BALANCE 358 358 ACCOUNTING POLICY Financial assets are assessed for impairment at the end of each reporting period.
233 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
Note 7: Payables
2017 2016 $’000 $’000 NOTE 7A: INTER-ENTITY PAYABLE Payable to Northern Land Council 458 910
NOTE 7B: OTHER PAYABLES Trade Payables 134 173 Salaries and wages 15 10 Accruals 10 48
Total other payables 159 231 TOTAL PAYABLES 617 1,141
Total payables expected to be settled All payables are expected to be settled in no more than 12 months Settlement was usually made within 30 days.
Note 8: Employee provisions
2017 2016 $’000 $’000 Annual leave 130 184 Long service leave 115 172
TOTAL EMPLOYEE PROVISIONS 245 356
Employee provisions expected to be settled No more than 12 months 161 235 More than 12 months 84 121
TOTAL EMPLOYEE PROVISIONS 245 356
234 Our Land, Our Sea, Our Life
ACCOUNTING POLICY Employee Benefits Liabilities for ‘short-term employee benefits’ (as defined in AASB 119 Employee Benefits) and termination benefits due within twelve months of the end of reporting period are measured at their nominal amounts. The nominal amount is calculated with regard to the rates expected to be paid on settlement of the liability. Leave The liability for employee benefits includes provision for annual leave and long service leave. The leave liabilities are calculated on the basis of employees’ remuneration at the estimated salary rates that applied at the time the leave is taken, including the NTRB’s employer superannuation contribution rates, to the extent that the leave is likely to be taken during service rather than paid out on termination. Liabilities for current employee benefits expected within twelve months of the end of reporting period are measured at their nominal amounts. NLC used the shorthand method to calculate the long service leave liability. Superannuation The NTRB’s staff can choose their own super fund with most members being with MLC. The entity makes employer contributions to the employees’ defined benefit superannuation scheme at rates determined by the EBA. The liability of superannuation recognised as at 30 June represents outstanding contributions.
235 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
Note 9: Contingent Assets & Liabilities
CLAIMS FOR DAMAGES OR COSTS 2017 2016 $’000 $’000 Contingent Liabilities Balance from previous period - - New contingent liabilities recognised 20 -
TOTAL CONTINGENT LIABILITIES 20 - QUANTIFIABLE CONTINGENCIES The Northern Land Council as NTRB has undertaken an assessment of the reasonable potential liability arising out of litigation to which the NTRB is a party. The above table contains $20,000 of contingent liabilities disclosed in respect to potential liability arising out of litigation (2016: Nil). The amount represents an estimate of the Northern Land Council as NTRB’s liability based on precedent cases. The NTRB is defending the claims. The nature of decisions of the Northern Land Council as NTRB mean that at times the decisions are subject to dispute and judical review. Specific information about legal matters is not disclosed where the information would be prejudicial to the Northern Land Council as NTRB.
ACCOUNTING POLICY Contingent liabilities and contingent assets are not recognised in the statement of financial position but are reported in notes. They may arise from uncertainty as to the existence of a liability or asset or represent an asset or liability in respect of which the amount cannot be reliably measured. Contingent assets are disclosed when settlement is probable but not virtually certain and contingent liabilities are disclosed when settlement is greater than remote.
Note 10: Key Management Personnel Remuneration There were no director or executive remuneration payments made during the period with NTRB monies. Key Management Personnel act for NTRB through Northern Land council(NLC) and are paid through NLC.
236 Our Land, Our Sea, Our Life
Note 11: Remuneration of Auditors
2017 2016 $’000 $’000 Financial statement audit services provided to the Northern Land Council in regard to NTRB by the Australian National Audit Office:
Fair value of the services provided Financial statement audit services 10 9
TOTAL 10 9 No other services were provided by the ANAO.
Note 12: Financial Instruments
2017 2016 $’000 $’000 12A CATEGORIES OF FINANCIAL INSTRUMENTS Financial Assets Loans and receivables: Cash on deposit 2,263 2,401 Trade and other receivables - 225
TOTAL FINANCIAL ASSETS 2,263 2,625
Financial Liabilities Amortised Cost: Inter-entity payable 458 910 Other payables 159 231
TOTAL CARRYING AMOUNT OF FINANCIAL LIABILITIES 617 1,141
12B GAINS OR LOSSES ON FINANCIAL ASSETS Loans and receivables Interest revenue 42 52
NET GAIN/(LOSS) LOANS AND RECEIVABLES 42 52
12C FAIR VALUES OF FINANCIAL INSTRUMENTS The carrying amount of the financial instrucments are reasonable approximation of fair value due to their short term nature. 237 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
COMMONWEALTH COMPLIANCE INDEX PUBLIC GOVERNANCE, PERFORMANCE AND ACCOUNTABILITY RULE 2014
REQUIREMENT PGPA RULE 2014 PAGE
Approval of Annual Report by Accountable Authority s.17BB vii
Enabling legislation s.17BE(a) 158
Summary of objects and functions of the NLC s17BE(b)(i) 14
Purposes of the NLC included in the corporate plan s17BE(b)(ii) 42, 173–177
Responsible Minister s.17BE(c) 158
Ministerial directions s.17BE(d) 158
General Policy Orders s.17BE(e) 3
Non compliance with a direction or order referred to in sections 17BE(d) and (e) s.17BE(f) NIL
Annual performance statement s.17BE(g) 173
Statement of significance compliance with finance law s.17BE(h) and (i) 2–3
Information about Accountability Authority s.17BE(j) 2
Organisational Structure s.17BE(k) 35
Board Committees and their main responsibilities s.17BE(m) 161
Corporate governance practices s.17BE(m) 158
Related Entity Transaction s.17BE(n) and (o) 208
Key changes to the authority’s state of affairs or principal activities s.17BE(p) NIL
Amendments to authority’s enabling legislation s.17BE(p) NIL
238 Our Land, Our Sea, Our Life
Significant judicial or administrative tribunal decisions s.17BE(q) NIL
Reports made about the authority s.17BE(r) 3
Obtaining information from subsidiaries s.17BE(s) NIL
Indemnities and insurance premiums s17BE(t) 158
Operational and financial results s.46PGPA Act 2013 3, 179
OTHER REPORTING OBLIGATIONS
REQUIREMENT PAGE
Work Health and Safety 164
Ecologically sustainable development and environmental performance 161
Advertising and Market Research 155
239 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
ABORIGINAL LAND RIGHTS (NORTHERN TERRITORY) ACT 1976
REQUIREMENT REFERENCE PAGE
FEES Specify the total fees received for services provided By the land council: a) Under Part IV (Mining); and b) Under s33A for services prescribed by the regulations that it provides in performing any of its functions, whether in the reporting year or the previous year. Specify total fees received under s33B (other fees Charged to the Commonwealth s37(2) 18 3
SECTION 35 DETERMINATIONS Include details of payment by the council under s35 (2) or (3) and any determinations made by the Minister under s35(6) during the reporting year. Details of payments made by determination or otherwise under 35(2), 35(6), 35(4), 35(4B), 35(11) and 67B(6) must be s37(3) provided and include the recipient, the section under which the amount was paid, and the total. s37(4) 211
DETAILS OF AMOUNTS HELD IN TRUST In respect of amounts paid to the council and held in trust at the end of the year, provide details of the amount paid, the amount held in trust and the mining operation concerned. s37(5) 156
COMMITTEES If a committee has been appointed under s29(A) to assist the council in relation to the performance of any of its functions or the exercise of any of its powers, detailed information of its activities must be included. s37(7) 161
CONSULTANTS Specify consultants engaged by the council during the year and the amount paid to each. s37(8) 159
240 Our Land, Our Sea, Our Life
241 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
Glossary of terms AGREEMENTS Land Use Agreements are generally leases or licences for the use of or to carry out activities on Aboriginal land issued in accordance with section 19 of the Aboriginal Land Rights (Northern Territory) Act 1976. Indigenous Land Use Agreements are native title agreements about the management and use of lands and waters between native title claimants/ holders and other parties. Agreements reached through the native title negotiations process either before or after a native title determination is made. Part IV Mining Agreements Exploration and mining agreements are entered into in accordance with the Part of the Aboriginal Land Rights (Northern Territory) Act 1976. ACRONYMS AND DEFINITIONS
AASB Australian Accounting Standards Board
ABA Aboriginals Benefit Account
ABS Australian Bureau of Statistics
Aboriginal Land held by a Land Trust for an estate in fee simple; or land Land the subject of a deed of grant held in escrow by a Land Council. Aboriginal Land Trusts are established under the Aboriginal Land Rights (Northern Territory) Act 1976. Section 5 sets out the functions of Land Trusts. Section 7 deals with membership of Land Trusts
ALC Aboriginal Land Commissioner, a statutory officer of the Commonwealth appointed to perform functions outlined in section 50 of the Aboriginal Land Rights (Northern Territory) Act 1976.
ALRA Aboriginal Land Rights (Northern Territory) Act 1976
APO NT Aboriginal Peak Organisations Northern Territory, an alliance among the Northern Land Council (NLC), Central Land Council (CLC), Aboriginal Medical Services Alliance of the NT (AMSANT), North Australian Aboriginal Justice Agency (NAAJA),), and Central Australian Aboriginal Legal Aid Service (CAALAS)
ANAO Australian National Audit Office
ATSI Aboriginal and Torres Strait Islander
CDP Community Development Program
242 Our Land, Our Sea, Our Life
CFI Carbon Farming Initiative
CLC Central Land Council, established under the Aboriginal Land Rights (Northern Territory) Act 1976
CP&D Community Planning and Development
CSIRO Commonwealth Scientific and Industrial Research Organisation
DPMC Department of the Prime Minister and Cabinet
EL Exploration Licence
ELA Exploration Licence Application
FEP Flexible Employment Program
GIS Geographic Information System
IBA Indigenous Business Australia
ICT Information and Communication Technology
ILC Indigenous Land Corporation
ILUA Indigenous Land Use Agreement
IPA Indigenous Protected Area
IPP Indigenous Pastoral Program
LES Landowner Engagement Strategy
LIMS The NLC’s Land Information Management System
LIR Land Interest Reference
MRM McArthur River Mine
NAA National Archives of Australia
NAIDOC National Aborigines and Islanders Day Observance Committee
NAILSMA North Australian Indigenous Land and Sea Management Alliance Ltd
NLC Northern Land Council established under the Aboriginal Land Rights (Northern Territory) Act 1976
NTA Native Title Act 1993 (Cth)
NTG Northern Territory Government 243 NORTHERN LAND COUNCIL ANNUAL REPORT 2016/17
NTRB Native Title Representative Body
OCR Optical Character Recognition
PBC Prescribed Body Corporate, a corporation that holds or manages native title for a native title-holding group
PGPA Public Governance, Performance and Accountability Act 2013
P&W Parks and Wildlife Service Principal Legal Officer
PLO Sea Country working Group
SCWG Territory Natural Resource Management – an independent, not-for-profit organisation that works with landholders, industry and government to ensure sustainable management of our water, land, soils, plants and animals
TNRM A local descent group of Aboriginal people who have common spiritual affiliations to a site on the land, being affiliations that place the group under a primary spiritual responsibility for that site and for the land, and are entitled by Aboriginal tradition to forage as of right over that land
Traditional Working on Country funding initiative of the Aboriginal Department of the Prime Minister and Cabinet Owners (TAOs)
WoNS Weeds of National Significance
244 Cover image, inside front cover and full page images on pages 12, 16-17, 40, 44, 76, 89, 117, 141, 169, 172, 178 and 216 by Glenn Campbell 6 Northern Land Council ANNUAL REPORT 2016/17
For a copy of this report contact: ELCHO ISLAND Northern Land Council 45 Mitchell St Darwin NT 0800 Phone +61 8 89205100 www.nlc.org.au